Document ID: chunk:federal_register_of_legislation:C2004A00707:clause:1_39b
Version: federal_register_of_legislation:C2004A00707
Segment Type: clause
Provision Reference: sch 1 cl 39B
Character Range: 22663–23953

39B  Determining whether a natural person is fit and proper

  The Collector may, in considering whether a natural person is a fit and proper person, have regard to:
 (a) whether, within one year before making the application, the person has been charged with:
 (i) an offence against a provision of the Excise Acts; or
 (ii) an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for a period of one year or longer or by a fine of 50 penalty units or more; and
 (b) whether, within 10 years before making the application, the person was convicted of:
 (i) an offence against a provision of the Excise Acts; or
 (ii) an offence against a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer or by a fine of 50 penalty units or more; and
 (c) whether the person has:
 (i) held a licence which has been cancelled; or
 (ii) participated in the management or control of a company that has had its licence cancelled; and
 (d) whether the person is an undischarged bankrupt; and
 (e) any misleading statement made in the application by the person; and
 (f) where any statement by the person in the application was false—whether the person knew that the statement was false.