Document ID: chunk:federal_register_of_legislation:C2025C00155:section:67h:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 67H (pt 2/2)
Character Range: 246074–247605

decision.
 (3) The Comptroller‑General of Customs must, in deciding whether a company is a fit and proper company for the purpose of paragraph (1)(e), have regard to:
 (a) any conviction of the company of an offence:
 (i) against this Act; or
 (ii) if it is punishable by a fine of $5,000 or more—against another law of the Commonwealth, or a law of a State or Territory;
  committed:
 (iii) within the 10 years immediately before that decision; and
 (iv) at a time when any person who is presently a director, officer or shareholder of a kind referred to in paragraph (1)(c) in relation to the company, was such a director, officer or shareholder; and
 (b) whether a receiver of the property, or part of the property, of the company has been appointed; and
 (c) whether the company is under administration within the meaning of the Corporations Act 2001; and
 (d) whether the company has executed, under Part 5.3A of that Act, a deed of company arrangement that has not yet terminated; and
 (e) whether the company is under restructuring within the meaning of that Act; and
 (ea) whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated; and
 (f) whether the company is being wound up.
 (4) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and requires persons aware of such convictions to disregard them).