Document ID: chunk:federal_register_of_legislation:C2025C00155:section:81:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 81 (pt 2/2)
Character Range: 391053–393384

of the application; and
 (c) whether the person is an undischarged bankrupt; and
 (d) any misleading statement made under section 80 or 80A in relation to the application by or in relation to the person; and
 (e) where any statement by the person in the application was false—whether the person knew that the statement was false; and
 (f) whether the person has been refused a transport security identification card, or has had such a card suspended or cancelled, within the 10 years immediately preceding the making of the application.
 (3) The Comptroller‑General of Customs must, in determining whether a company is a fit and proper company for the purposes of paragraph (1)(da), have regard to:
 (a) any conviction of the company of an offence against this Act committed within the 10 years immediately preceding the making of the application and at a time when a person who is a director, officer or shareholder of the company was a director, officer or shareholder of the company; or
 (b) any conviction of the company of an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by a fine of 50 penalty units or more, being an offence committed within the 10 years immediately preceding the making of the application and at a time when a person who is a director, officer or shareholder of the company was a director, officer or shareholder of the company; or
 (c) whether a receiver of the property, or part of the property, of the company has been appointed; or
 (ca) whether the company is under administration within the meaning of the Corporations Act 2001; or
 (cb) whether the company has executed under Part 5.3A of that Act a deed of company arrangement that has not yet terminated; or
 (d) whether the company is under restructuring within the meaning of that Act; or
 (da) whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated; or
 (e) whether the company is being wound up.
 (4) Subject to subsections (1) and (1A) of this section and subsection 79(2), if an application is made for a warehouse licence that would cover more than one place, the Comptroller‑General of Customs may decide:
 (a) to grant a warehouse licence that covers any or all of the places; or
 (b) to refuse the application in its entirety.