Document ID: chunk:federal_register_of_legislation:F2024C01258:clause:4_4:p2
Version: federal_register_of_legislation:F2024C01258
Segment Type: clause
Provision Reference: sch 4 cl 4 (pt 2/75)
Character Range: 52928–55571

services or to effect the permitted use or disclosure.

1.9  Fit and proper person criteria
 (1) For these rules, the fit and proper person criteria, in relation to a person, are the following:
 (a) whether the person, or any associated person, has, within the previous 10 years, been convicted of:
 (i) a serious criminal offence; or
 (ii) an offence of dishonesty;
  against any law of the Commonwealth or of a State or a Territory, or a law of a foreign jurisdiction;
 (b) whether the person, or any associated person, has been found to have contravened:
 (i) a law relevant to the management of CDR data; or
 (ii) a similar law of a foreign jurisdiction;
 (c) whether the person, or any associated person, has been the subject of:
 (i) a determination under paragraph 52(1)(b) or any of paragraphs 52(1A)(a), (b), (c) or (d) of the Privacy Act 1988; or
 (ii) a finding or determination of a similar nature under a similar law of a foreign jurisdiction;
 (d) if the person is a body corporate—whether any of the directors (within the meaning of the Corporations Act 2001) of the person, or any associated person:
 (i) has been disqualified from managing corporations; or
 (ii) is subject to a banning order;
 (e) whether the person, or any associated person, has a history of insolvency or bankruptcy;
 (f) whether the person, or any associated person, has been the subject of a determination made under an external dispute resolution scheme that:
 (i) included a requirement to pay monetary compensation; and
 (ii) was, at the time the determination was made:
 (A) recognised under the Privacy Act 1988; or
 (B) a recognised external dispute resolution scheme;
 (g) any other relevant matter, including but not limited to the objects of Part IVD of the Act.
Note: The objects of Part IVD are set out in section 56AA of the Act.
 (2) In this rule:
banning order has the same meaning as in the Corporations Act 2001.
serious criminal offence means an offence for which, if the act or omission had taken place in the Jervis Bay Territory, a person would be liable, on first conviction, to imprisonment for a period of not less than 5 years.
Note: The Jervis Bay Territory is mentioned because it is a jurisdiction in which the Commonwealth has control over the criminal law.

1.10  Meaning of direct OSP, indirect OSP and related terms

Persons in a chain of outsourced service providers
 (1) In these rules, where a person who is an accredited person or a CDR representative is the principal in one or more CDR outsourcing arrangements:
 (a) the provider in each such arrangement is a direct OSP (for "direct outsourced service provider") of