Document ID: chunk:federal_register_of_legislation:C2004A01124:clause:1_48
Version: federal_register_of_legislation:C2004A01124
Segment Type: clause
Provision Reference: sch 1 cl 48
Character Range: 38575–40409

48  After subsection 38(1)
Insert:

 (1A) Without limiting the matters to which the Secretary may have regard in considering whether the applicant or person is not a fit and proper person for the purposes of paragraph (1)(g), (h) or (i), the Secretary must have regard to:
 (a) any suspension or revocation of a manufacturing licence granted to:
 (i) the applicant or person; or
 (ii) another person who controls the applicant or person (whether directly, or indirectly through one or more interposed entities); or
 (iii) another person whom the applicant or person controlled (whether directly, or indirectly through one or more interposed entities) at the time of the suspension or revocation; or
 (b) any conviction, for an offence against a law of the Commonwealth or a law of a State or Territory, against:
 (i) the applicant or person; or
 (ii) another person who controls the applicant or person (whether directly, or indirectly through one or more interposed entities); or
 (iii) another person whom the applicant or person controlled (whether directly, or indirectly through one or more interposed entities) at the time the offence was committed or the time of the conviction; or
 (c) any failure to comply with a condition of a manufacturing licence by:
 (i) the applicant or person; or
 (ii) another person who controls the applicant or person (whether directly, or indirectly through one or more interposed entities); or
 (iii) another person whom the applicant or person controlled (whether directly, or indirectly through one or more interposed entities) at the time of the failure.

 (1B) In subsection (1A):

manufacturing licence means:
 (a) a licence granted under this Part; or
 (b) a licence, granted under a law of a State or Territory relating to therapeutic goods, relating to manufacturing therapeutic goods.