Document ID: chunk:federal_register_of_legislation:C2004A00707:clause:1_39c
Version: federal_register_of_legislation:C2004A00707
Segment Type: clause
Provision Reference: sch 1 cl 39C
Character Range: 23953–25256

39C  Determining whether a company is fit and proper

  The Collector may, in considering whether a company is a fit and proper company, have regard to:
 (a) whether, within one year before making the application, the company has been charged with:
 (i) an offence against a provision of the Excise Acts; or
 (ii) an offence against a law of the Commonwealth, a State or a Territory that is punishable by a fine of 50 penalty units or more; and
 (b) whether, within 10 years before making the application, the company was convicted of:
 (i) an offence against a provision of the Excise Acts; or
 (ii) an offence against a law of the Commonwealth, a State or a Territory that is punishable by a fine of 50 penalty units or more; and
 (c) whether the company has held a licence that has been cancelled; and
 (d) whether a receiver of the property, or part of the property, of the company has been appointed; and
 (e) whether the company is under administration within the meaning of the Corporations Law; and
 (f) whether the company has executed under Part 5.3A of that Law a deed of company arrangement that has not yet terminated; and
 (g) whether the company has been placed under official management; and
 (h) whether the company is being wound up.

Division 3—Conditions and duration of licences