Document ID: chunk:federal_register_of_legislation:C2024C00486:section:39c
Version: federal_register_of_legislation:C2024C00486
Segment Type: section
Provision Reference: s 39C
Character Range: 56660–58404

39C  Determining whether a company is fit and proper
  The Collector may, in considering whether a company is a fit and proper company, have regard to:
 (a) whether, within one year before the application was made, the company 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 a fine of 50 penalty units or more; and
 (b) whether, within 10 years before the application was made, the company was convicted of:
 (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 a fine of 50 penalty units or more; and
 (ba) the extent of the company's compliance, within 4 years before the application was made, with any law administered by the CEO; and
 (c) whether the company has held a licence that has been cancelled; and
 (caa) whether the company held a licence that has been varied to no longer cover one or more premises; and
 (ca) the company's financial resources; and
 (d) whether a receiver of the property, or part of the property, of the company has been appointed; and
 (e) whether the company is under administration within the meaning of the Corporations Act 2001; and
 (f) whether the company has executed under Part 5.3A of that Act a deed of company arrangement that has not yet terminated; and
 (fa) whether the company is under restructuring within the meaning of that Act; and
 (fb) whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated; and
 (h) whether the company is being wound up.

Division 3—Conditions and duration of licences