Document ID: chunk:federal_register_of_legislation:C2024C00490:section:60
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 60
Character Range: 149839–151326

60  Fit and proper person test

Individual
 (1) For the purposes of this Act, an individual passes the fit and proper person test if:
 (a) the individual is a fit and proper person, having regard to:
 (i) whether any of the events specified in the legislative rules have happened in relation to the individual; and
 (ii) such other matters (if any) as are specified in the legislative rules; and
 (b) the individual is not an insolvent under administration.

Body corporate
 (2) For the purposes of this Act, a body corporate passes the fit and proper person test if:
 (a) the body corporate is a fit and proper person, having regard to:
 (i) whether any of the events specified in the legislative rules have happened in relation to the body corporate; and
 (ii) whether any of the events specified in the legislative rules have happened in relation to an executive officer of the body corporate; and
 (iii) such other matters (if any) as are specified in the legislative rules; and
 (b) the body corporate is not a Chapter 5 body corporate.

Spent convictions
 (3) Legislative rules made for the purposes of subparagraph (1)(a)(i) or (ii) or (2)(a)(i), (ii) or (iii) must not affect the operation of Part VIIC of the Crimes Act 1914.
Note:  Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

Part 5—Crediting period