Document ID: chunk:federal_register_of_legislation:C2025C00130:section:194e
Version: federal_register_of_legislation:C2025C00130
Segment Type: section
Provision Reference: s 194E
Character Range: 563558–565407

194E  Fit and proper person considerations
 (1) The Secretary must have regard to the following matters in determining whether a person is a fit and proper person for the purpose of paragraph 194C(b), (c) or (d) or 194D(c) or (d):
 (a) any non‑compliance by a relevant person with a law of the Commonwealth or a State or Territory;
 (b) any proceedings currently before a court or tribunal that involve a relevant person;
 (c) any decision made under a law of the Commonwealth or a State or Territory relating to child care which adversely affects a relevant person;
 (d) subject to Part VIIC of the Crimes Act 1914, any conviction, or finding of guilt, against a relevant person for an offence against a law of the Commonwealth or a State or Territory, including (without limitation) an offence against children, or relating to dishonesty or violence;
 (e) any order for a relevant person to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a State or Territory;
 (f) any act of a relevant person involving fraud or dishonesty;
 (h) the record of administering of Commonwealth, State or Territory funds of a relevant person;
 (i) any debts to the Commonwealth incurred by a relevant person (whether or not the debt has been discharged);
 (j) the record of financial management of a relevant person, including any instances of bankruptcy, insolvency or external administration involving the person;
 (k) any other matter prescribed by the Minister's rules;
 (l) any other matter the Secretary considers relevant.
 (2) For the purposes subsection (1), a relevant person is:
 (a) the person; and
 (b) another person or body in respect of which the person is or has ever been a person with management or control.
Note: See section 194F for the definition of person with management or control.