Document ID: chunk:federal_register_of_legislation:C2016A00089:clause:2_4:p3
Version: federal_register_of_legislation:C2016A00089
Segment Type: clause
Provision Reference: sch 2 cl 4 (pt 3/3)
Character Range: 10170–11759

the Commissioner gives the notice.
 (4) Without limiting the matters to which the Commissioner may have regard in considering whether the entity, or another person mentioned in subparagraph (1)(b)(ii), (iii) or (iv), is a fit and proper person, the Commissioner must have regard to:
 (a) whether a court has made a finding, in proceedings commenced by the Fair Work Ombudsman, that the entity has contravened the Fair Work Act 2009; and
 (b) whether the entity has failed to withhold amounts as required by Division 12; and
 (c) any relevant information the entity has provided in submissions to the Commissioner within the period specified in paragraph (3)(b).
 (5) The Commissioner must, having regard to the reasons for the cancellation, determine a period, starting when the cancellation takes effect, during which the entity cannot apply under section 16‑146 for registration.

Notification of the cancellation
 (6) The Commissioner must notify the entity of:
 (a) the cancellation; and
 (b) the day on which the cancellation takes effect; and
 (c) the period determined under subsection (5) for the cancellation.
Note: A decision to cancel, including a determination under subsection (5), is reviewable (see section 20‑80).
 (7) The *Australian Business Registrar must enter in the *Australian Business Register a statement that the entity's registration under section 16‑147 has been cancelled. The statement must specify the day on which the cancellation takes effect.
 (8) A failure to comply with subsection (6) or (7) does not affect the validity of the Commissioner's decision.