Document ID: chunk:federal_register_of_legislation:C2015C00044:clause:1_102ba
Version: federal_register_of_legislation:C2015C00044
Segment Type: clause
Provision Reference: sch 1 cl 102BA
Character Range: 16750–18696

102BA  Meaning of fit and proper person
 (1) In deciding whether a natural person is a fit and proper person for the purposes of this Part, the decision‑maker must 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 1 year or longer:
 (i) against another law of the Commonwealth; or
 (ii) against a law of a State or Territory;
  if that offence was committed within the 10 years immediately before the decision; and
 (c) whether the person has been refused a transport security card, or has had such a card suspended or cancelled, within the 10 years immediately before the decision; and
 (d) if a request has been made of the person under subsection 102CF(2) and the CEO is considering giving a direction to the person under Division 5—any misleading statement given by the person in response to the request.
 (2) In deciding whether a company is a fit and proper person for the purposes of this Part, the decision‑maker must have regard to:
 (a) any conviction of the company of an offence:
 (i) against this Act; or
 (ii) if punishable by a fine of 100 penalty units 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 the decision; and
 (iv) at a time when any person who is presently a director, officer or shareholder of 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 the meaning of the Corporations Act 2001; and
 (d) whether the company has executed, under Part 5.3A of that Act, a deed of company arrangement that has not yet terminated.

Division 2—Obligations of cargo terminal operators