Document ID: chunk:federal_register_of_legislation:C2025C00022:section:372:p1
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 372 (pt 1/3)
Character Range: 604504–607224

372  Fit and proper person test
 (1) This section applies for the purposes of determining whether a person is a fit and proper person for the purposes of any of the following provisions:
 (a) sections 112, 117, 120, 123, 127 and 138 (decisions in relation to registered establishments);
 (b) sections 151, 156, 165, 171 and 179 (decisions in relation to approved arrangements);
 (c) sections 191, 196, 201, 205 and 212 (decisions in relation to export licences);
 (d) any other provision of this Act prescribed by the rules.
Note: The reference to this Act includes a reference to instruments made under this Act (see the definition of this Act in section 12).
 (2) Subject to subsection (4), in determining whether the person is a fit and proper person, the Secretary must have regard to the following matters:
 (a) whether the person, or an associate of the person, has been convicted of an offence against, or ordered to pay a pecuniary penalty under, any of the following:
 (i) this Act or the repealed Export Control Act 1982;
 (ii) the repealed Australian Meat and Live‑stock Industry Act 1997;
 (iii) the Biosecurity Act 2015 or the repealed Quarantine Act 1908;
 (iv) the Imported Food Control Act 1992;
 (v) the Illegal Logging Prohibition Act 2012;
 (va) the repealed Primary Industries Levies and Charges Collection Act 1991;
 (vb) the Primary Industries Levies and Charges Collection Act 2024;
 (vi) another Act prescribed by the rules;
 (vii) the Criminal Code or the Crimes Act 1914, to the extent that it relates to an Act referred to in another subparagraph of this paragraph;
 (b) whether a debt is due and payable by the person, or an associate of the person, to the Commonwealth under an Act referred to in paragraph (a);
 (c) whether the person or an associate of the person:
 (i) made a false or misleading statement in an application under this Act; or
 (ii) gave false or misleading information or documents to the Secretary or to another person performing functions or duties or exercising powers under this Act; or
 (iii) gave false or misleading information or documents to the Secretary or the Department under a prescribed agriculture law;
 (d) whether the person, or an associate of the person, has contravened an Act referred to in paragraph (a);
 (e) whether an application made by the person, or an associate of the person, under any of the following was refused (except in accordance with subsection 379(2)):
 (i) section 78 or 83 (accreditation of properties);
 (ii) section 111 or 116 (registration of establishments);
 (iii) section 150 or 155 (approved arrangements);
 (iv) section 190 or 195 (export licences);
 (v) any other provision of this Act prescribed by the rules;
 (vi) the