Fit and proper person
4A Fit and proper person
A person is not a fit and proper person for a particular purpose under this Act if—
the person has been found guilty or convicted of an offence as prescribed by the regulations; or
in the case of a body corporate—
the body corporate is a body corporate, or is a body corporate of a class, prescribed by the regulations; or
the body corporate is a prescribed organisation; or
in the case of a natural person, the person—
is—
a member of a prescribed organisation; or
a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the
Serious and Organised Crime (Control)
Act 2008; or
is an insolvent under administration within the meaning of the
Corporations
Act 2001 of the Commonwealth.
For the purpose of determining whether a person is a fit and proper person for a particular purpose under this Act the Commissioner—
may cause the person's photograph to be taken; and
may cause the person's fingerprints to be taken; and
may have regard to the following:
the corporate structure of the person;
the person's financial background and resources;
the person's reputation;
the character, reputation and financial background of the person's close associates;
any representations made by the Minister;
any other matters the Commissioner thinks fit.
In this section—
prescribed organisation—the following are prescribed organisations:
a declared organisation within the meaning of the
Serious and Organised Crime (Control)
Act 2008;
a criminal organisation within the meaning of Division 1 or
Division 2 of Part 3B of the Criminal Law Consolidation
Act 1935;
any other organisation prescribed by the regulations for the purposes of this definition.
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