Document ID: chunk:federal_register_of_legislation:C2025C00155:section:77k:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 77K (pt 2/3)
Character Range: 350649–353250

(c) whether the person is an insolvent under administration; and
 (d) any misleading statement made under section 77H or 77J in relation to the application for the licence by or in relation to the person; and
 (e) if any such statement made by the person was false—whether the person knew that the statement was false; and
 (f) 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.
 (3) The Comptroller‑General of Customs must, in deciding whether a company is a fit and proper company for the purposes of paragraph (1)(e), have regard to:
 (a) any conviction of the company of an offence against this Act committed within the 10 years immediately before that decision and at a time when any person who is presently a director, officer or shareholder of the company was a director, officer or shareholder of the company; and
 (b) any conviction of the company of an offence against another law of the Commonwealth, or a law of a State or of a Territory, that is punishable by a fine of $5,000 or more, being an offence committed within the 10 years immediately before that decision and at a time when a person who is presently a director, officer or shareholder of the company was a director, officer or shareholder of the company; and
 (c) whether a receiver of the property, or part of the property, of the company has been appointed; and
 (d) whether the company is under administration within the meaning of the Corporations Act 2001; and
 (e) whether the company has executed under Part 5.3A of that Act a deed of company arrangement that has not yet terminated; and
 (f) whether the company is under restructuring within the meaning of that Act; and
 (fa) whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated; and
 (g) whether the company is being wound up.
 (4) The Comptroller‑General of Customs may refuse to grant a depot licence if, in his or her opinion, the place in relation to which the licence is sought would be too remote from the nearest place where officers of Customs regularly perform their functions for those officers to be able to conveniently check whether the Customs Acts are being complied with at the place.
 (5) If the place in relation to which the application for a depot licence is sought (the proposed depot) is proposed to be used as a depot for imported goods, the Comptroller‑General of Customs must not grant the licence unless the applicant has, at the proposed depot,