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AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) REGULATIONS 1995 - REG 3.315

Fit and proper person

  (1)   For the purposes of regulation   3.340, an authorised officer must have regard to the following matters in determining whether a person is a fit and proper person:

  (a)   any conviction of the applicant for an offence against the Act or these Regulations;

  (b)   if the applicant is an individual:

  (i)   any conviction of the applicant for an offence under 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; and

  (ii)   whether the applicant is bankrupt;

  (c)   if the applicant is a corporation:

  (i)   any conviction of the applicant for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by a fine of 50 penalty units or more, being an offence committed at a time when a person who is a director, officer or shareholder of the company was a director, officer or shareholder of the company; and

  (ii)   whether the applicant is a Chapter   5 body corporate (within the meaning of the Corporations Act 2001 );

  (d)   whether the applicant has previously held a multiple permit or a permission under this Part;

  (e)   whether the applicant complied with any conditions or restrictions specified in the permit or permission.

  (2)   To avoid doubt, the matters mentioned in subregulation   (1) are in addition to:

  (a)   any matters that an authorised officer is required to take into consideration under a provision of this Division; and

  (b)   any other matters that are relevant.



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