Fit and proper person
3AA Fit and proper person
In determining whether or not a person is a fit and proper person for the purposes of this Act, the Secretary may take into account any one or more of the following matters:whether or not the person has been found guilty of an offence against this Act; whether or not the person is of sound financial reputation and has a stable financial background; whether or not the person is of good repute, having regard to the character, honesty and integrity of the person; whether or not the person has been found guilty of one of the following offences within the immediately previous 10 years, regardless of where the person was convicted:an indictable offence against the person where the maximum penalty for the offence is a term of imprisonment of at least 3 months; an offence of dishonesty, fraud, or trafficking, where the maximum penalty for the offence is a term of imprisonment of at least 3 months; any other matter the Secretary thinks relevant.
For the purposes of subsection (1), a person is found guilty of an offence even if a conviction is not recorded in respect of the person being found guilty of the offence.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.