Document ID: chunk:federal_register_of_legislation:C2009A00038:clause:3_2
Version: federal_register_of_legislation:C2009A00038
Segment Type: clause
Provision Reference: sch 3 cl 2
Character Range: 22203–23730

2  Paragraphs 38(1)(g) to (i)
Repeal the paragraphs, substitute:
 (g) at least one of the following persons:
 (i) the applicant;
 (ii) a person (a manager) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the applicant's affairs;
 (iii) if the applicant is a body corporate—a major interest holder of the body corporate;
  has, within the 10 years immediately before the application:
 (iv) been convicted of an offence against this Act or a corresponding State law; or
 (v) been convicted of an offence against a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or
 (vi) been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of this Act or a corresponding State law; or
 (vii) been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a law of a State or Territory involving fraud or dishonesty; or
 (viii) breached a condition of a manufacturing licence; or
 (ix) had a manufacturing licence suspended or revoked; or
 (x) been a manager, or a major interest holder, of a body corporate in respect of which subparagraph (iv), (v), (vi), (vii), (viii) or (ix) applies in that 10 year period, if the conduct resulting in that subparagraph applying occurred when the person was a manager or major interest holder of the body corporate; or
 (h) any other circumstances prescribed by the regulations for the purposes of this paragraph exist.