Fit and proper person
42 Fit and proper person
The
Regulator may refuse an application for the grant, renewal or variation of a licence if the Regulator is not satisfied that the licensee or proposed licensee is a fit and proper person to hold the licence (or the licence as proposed to be varied).
In determining whether a person is a fit and proper person for the purposes of subsection (1) the Regulator may—
require an applicant to provide medical evidence or undergo a medical assessment by a medical practitioner or other health professional specified by the Regulator; and
have regard to—
in all cases—the character and reputation of the person and the person's close associates and may, without limitation, take into account relevant offences (whether committed in or outside the
State); and
in the case of a body corporate—whether any director of the body corporate is an unsuitable person; and
require an applicant to complete a course or qualification determined by the
Regulator, or otherwise establish to the satisfaction of the
Regulator that the licensee or proposed licensee has the relevant skills and qualifications having regard to the business, operations or activity authorised under the licence.
An unsuitable person is not a fit and proper person to hold a licence.
The cost of performing a medical assessment and any associated medical report performed under this section is to be borne by the applicant for the licence.
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