Document ID: chunk:federal_register_of_legislation:C2023C00222:section:34f:p1
Version: federal_register_of_legislation:C2023C00222
Segment Type: section
Provision Reference: s 34F (pt 1/2)
Character Range: 46709–49254

34F  Meaning of fit and proper person
 (1) For the purposes of this Act, a person is a fit and proper person unless:
 (a) the following conditions are satisfied:
 (i) the person has been convicted of an offence against a law of the Commonwealth, a State or a Territory (not involving dishonesty, violence or an offence against a child) and sentenced to a period of imprisonment of 12 months or more;
 (ii) if the person does not serve a term of imprisonment—less than 5 years have elapsed since the day on which the person was convicted;
 (iii) if the person serves a term of imprisonment—the person is in prison or less than 5 years have elapsed since the day on which the person was released from prison; or
 (b) the following conditions are satisfied:
 (i) the person has been convicted of an offence against a law of the Commonwealth, a State or a Territory involving dishonesty, violence or an offence against a child and sentenced to a period of imprisonment of 3 months or more;
 (ii) if the person does not serve a term of imprisonment—less than 10 years have elapsed since the day on which the person was convicted;
 (iii) if the person serves a term of imprisonment—the person is in prison or less than 10 years have elapsed since the day on which the person was released from prison; or
 (c) the following conditions are satisfied:
 (i) the person has been convicted of an offence against a law of a foreign country that is punishable by imprisonment for a period of 12 months or more;
 (ii) the offence is constituted by conduct that, if engaged in in the Jervis Bay Territory, would constitute an offence against a law of the Commonwealth or that Territory;
 (iii) if the person does not serve a term of imprisonment—less than 5 years have elapsed since the day on which the person was convicted;
 (iv) if the person serves a term of imprisonment—the person is in prison or less than 5 years have elapsed since the day on which the person was released from prison; or
 (d) the person is an undischarged bankrupt under:
 (i) a law of the Commonwealth; or
 (ii) a law of an external Territory; or
 (iii) a law of a foreign country; or
 (e) the following conditions are satisfied:
 (i) the person has executed a personal insolvency agreement under Part X of the Bankruptcy Act 1966 or a similar law of an external Territory or a foreign country;
 (ii) the terms of the agreement have not been fully complied with; or
 (f) the person is disqualified from managing Aboriginal and Torres Strait Islander corporations under Part 6‑5 of the