Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 102BA

  (1)   In deciding whether a natural person is a fit and proper person for the purposes of this Part, the decision - maker must have regard to:

  (a)   any conviction of the person of an offence against this Act committed within the 10 years immediately before the decision; and

  (b)   any conviction of the person of an offence punishable by imprisonment for 1 year or longer:

  (i)   against another law of the Commonwealth; or

  (ii)   against a law of a State or Territory;

    if that offence was committed within the 10 years immediately before the decision; and

  (c)   whether the person has been refused a transport security card, or has had such a card suspended or cancelled, within the 10 years immediately before the decision; and

  (d)   if a request has been made of the person under subsection   102CF(2) and the Comptroller - General of Customs is considering giving a direction to the person under Division   5--any misleading statement given by the person in response to the request.

  (2)   In deciding whether a company is a fit and proper person for the purposes of this Part, the decision - maker must have regard to:

  (a)   any conviction of the company of an offence:

  (i)   against this Act; or

  (ii)   if punishable by a fine of 100 penalty units or more--against another law of the Commonwealth, or a law of a State or of a Territory;

    committed:

  (iii)   within the 10 years immediately before the decision; and

  (iv)   at a time when any person who is presently a director, officer or shareholder of the company was such a director, officer or shareholder; and

  (b)   whether a receiver of the property, or part of the property, of the company has been appointed; and

  (c)   whether the company is under administration within the meaning of the Corporations Act 2001 ; and

  (d)   whether the company has executed, under Part   5.3A of that Act, a deed of company arrangement that has not yet terminated; and

  (e)   whether the company is under restructuring within the meaning of that Act; and

  (f)   whether the company has made, under Division   3 of Part   5.3B of that Act, a restructuring plan that has not yet terminated.