Document ID: chunk:federal_register_of_legislation:C2004A01124:clause:1_65
Version: federal_register_of_legislation:C2004A01124
Segment Type: clause
Provision Reference: sch 1 cl 65
Character Range: 44337–46646

65  At the end of section 41EC
Add:

 (3) In deciding whether to issue the certificate, the Secretary must also consider:
 (a) whether the applicant is a fit and proper person to hold a conformity assessment certificate; and
 (b) whether the persons who participate in, or who are likely to participate in, managing the applicant's affairs are fit and proper persons to participate in managing the affairs of a manufacturer in respect of whom a conformity assessment certificate is issued; and
 (c) whether the persons who have, or are likely to have, effective control over the applicant are fit and proper persons to have effective control over a manufacturer in respect of whom a conformity assessment certificate is issued.

 (4) Without limiting the matters to which the Secretary may have regard in considering whether the applicant or person is a fit and proper person for the purposes of paragraph (3)(a), (b) or (c), the Secretary must have regard to:
 (a) any suspension or revocation of a conformity assessment certificate issued 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 conformity assessment certificate 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.