Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EXCISE ACT 1901 - SECT 39B

Determining whether a natural person is fit and proper

    The Collector may, in considering whether a natural person is a fit and proper person, have regard to:

  (a)   whether, within one year before the application was made, the person has been charged with:

  (i)   an offence against a provision of the Excise Acts; or

  (ii)   an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for a period of one year or longer or by a fine of 50 penalty units or more; and

  (b)   whether, within 10 years before the application was made, the person was convicted of:

  (i)   an offence against a provision of the Excise Acts; or

  (ii)   an offence against a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer or by a fine of 50 penalty units or more; and

  (ba)   the extent of the person's compliance, within 4 years before the application was made, with any law administered by the CEO; and

  (c)   whether the person has:

  (i)   held a licence which has been cancelled; or

  (ia)   held a licence which has been varied to no longer cover one or more premises; or

  (ii)   participated in the management or control of a company that has had its licence cancelled; or

  (iii)   participated in the management or control of a company that has had its licence varied to no longer cover one or more premises; and

  (ca)   the person's financial resources; and

  (d)   whether the person is an undischarged bankrupt; and

  (e)   if the person is the applicant--any misleading statement made in the application by the person; and

  (f)   if the person is the applicant and any statement by the person in the application was false--whether the person knew that the statement was false.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback