Document ID: chunk:federal_register_of_legislation:F2024C00282:reg:13:p1
Version: federal_register_of_legislation:F2024C00282
Segment Type: reg
Provision Reference: reg 13 (pt 1/2)
Character Range: 17432–20050

13  Fitness for grant
 (1) A person is fit to receive a grant at a time if:
 (a) the person has complied with all of the person's obligations under taxation laws (within the meaning of the Income Tax Assessment Act 1997) during the current income year and the previous 2 income years; and
 (b) no disqualifying convictions of the person are outstanding; and
 (c) if the person is not a representative body—the person is not under insolvency administration; and
 (d) the CEO of Austrade has not, within the last 2 years, decided under subsection (2) that the person is unfit to receive a grant.
Note: It is a condition at application for a grant and at all times while a person is a grantee that the person be fit to receive a grant (see paragraphs 10(2)(g), 11(2)(c) and 12(2)(b)).
 (2) The CEO of Austrade may decide that a person who has applied for a grant, or is a grantee, is unfit to receive a grant if the CEO reasonably believes that:
 (a) the person is not conducting their business in a professional or ethical manner; or
 (b) Austrade dealing with the person might have a detrimental impact on Australia's trade reputation.
Note: A decision under this subsection is reviewable (see section 55).
 (3) A disqualifying conviction of a person is outstanding for the period starting on the day the conviction was recorded and ending:
 (a) if the convicted person is sentenced to a term of imprisonment—5 years after the earlier of the end of the term of imprisonment and the person's release from prison; or
 (b) otherwise—5 years after the day the conviction was recorded.
 (4) A disqualifying conviction of a person is any conviction of the person for any of the following offences:
 (a) an offence that, under subsection 206B(1) of the Corporations Act 2001, disqualifies a person from managing a corporation;
 (b) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 or 137.2 of the Criminal Code that relates to a grant (including an application for a grant);
 (c) any of the following that relates to an offence mentioned in paragraph (a) or (b):
 (i) an offence against section 6 of the Crimes Act 1914;
 (ii) an ancillary offence within the meaning of the Criminal Code;
 (iii) an offence against a law of a State or Territory that corresponds to an offence mentioned in subparagraph (i) or (ii).
 (5) A person is under insolvency administration if any of the following apply:
 (a) if the person is an individual:
 (i) the person is an undischarged bankrupt; or
 (ii) there is in operation a composition, deed of arrangement or deed of assignment with the person's creditors under a