Document ID: chunk:federal_register_of_legislation:C2025C00155:section:67eb:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 67EB (pt 2/3)
Character Range: 219448–222112

place outside Australia to a consignee in Australia—the applicant is likely to make cargo reports covering a number of consignments per month of that kind that is not less than the number specified in the regulations.
 (3) The Comptroller‑General of Customs must, in deciding whether a person is a fit and proper person for the purposes of subparagraph (1)(e)(i), (ii), (iii) or (iv) have regard to:
 (a) any conviction of the person of an offence against this Act committed within the 10 years immediately before the decision; and
 (b) any conviction of the person of an offence punishable by imprisonment for one year or longer:
 (i) against another law of the Commonwealth; or
 (ii) against a law of a State or of a Territory;
  if that offence was committed within the 10 years immediately before that decision; and
 (c) whether the person is an insolvent under administration; and
 (d) whether the person was, in the 2 years immediately before that decision, a director of, or concerned in the management of, a company that:
 (i) had been, or is being, wound up; or
 (ii) had had its registration as a special reporter in relation to any low value cargo of any kind cancelled by the Comptroller‑General of Customs because of a breach of any condition to which the registration of the company as a special reporter was subject; and
 (e) whether any misleading information or document has been furnished in relation to the person by the applicant under subsection 67EC(2), 67ED(5) or 67EK(12); and
 (f) if any information or document given by or in relation to the person was false—whether the applicant knew that the information or document was false; and
 (g) whether the person has been refused a transport security identification card, or has had such a card suspended or cancelled, within the 10 years immediately before the decision.
 (4) The Comptroller‑General of Customs must, in deciding whether a company is a fit and proper company for the purpose of subparagraph (1)(e)(v), 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 of a 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 subparagraph (1)(e)(iii) 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