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EXCISE ACT 1901 - SECT 39C

Determining whether a company is fit and proper

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

  (a)   whether, within one year before the application was made, the company 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 a fine of 50 penalty units or more; and

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

  (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 a fine of 50 penalty units or more; and

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

  (c)   whether the company has held a licence that has been cancelled; and

  (caa)   whether the company held a licence that has been varied to no longer cover one or more premises; and

  (ca)   the company's financial resources; and

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

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

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

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

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

  (h)   whether the company is being wound up.


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