Document ID: chunk:federal_register_of_legislation:C2014A00023:clause:1_79a
Version: federal_register_of_legislation:C2014A00023
Segment Type: clause
Provision Reference: sch 1 cl 79A
Character Range: 1591–3199

79A  Fit and proper person test—excluded consultants
 (1) The CEO of Austrade may, in accordance with the guidelines determined under paragraph 101(1)(bab), determine, in writing, that a person is an excluded consultant for the purposes of this Act if:
 (a) the person is, or has been, an export market development grants consultant or an associate of an export market development grants consultant; and
 (b) the CEO has formed the opinion, in accordance with the guidelines, that the person, or an associate of the person, is not a fit and proper person.
Note: For revocation of a determination that a person is an excluded consultant, see section 79E.
 (2) The CEO of Austrade may, by written notice given to a person referred to in paragraph (1)(a), ask the person to:
 (a) give the CEO specified information; or
 (b) make available to the CEO specified books, records or documents; or
 (c) give the CEO a written consent (whether of the person or of any associate of the person) to enable the CEO to obtain information;
for the purpose of deciding whether to make a determination under subsection (1) in respect of the person.
 (3) Without limiting paragraph 101(1)(bab), the guidelines determined under that paragraph may provide for the CEO of Austrade to have regard to a person's failure to comply with a request under subsection (2) of this section in deciding whether to make a determination under subsection (1) in respect of the person.
 (4) In this section:
associate means a person who is determined to be an associate in accordance with the guidelines determined under paragraph 101(1)(bab).