(1) This section applies where a natural person applies for a licence.
(2) ASIC must grant the licence if:
- (a)
- the application was made in
accordance with section 1144; and
- (b)
- the person is not an insolvent under administration; and
- (c)
- if the application is for a futures brokers licencethe person is a
member of a futures organisation; and
- (d)
- ASIC is satisfied that the person's educational qualifications and
experience are adequate having regard to the nature of the duties of a holder
of a licence of the kind applied for; and
- (e)
- ASIC has no reason to believe that the person is not of good fame and
character; and
- (f)
- ASIC has no reason to believe that the person will not perform those
duties efficiently, honestly and fairly.
(3) Otherwise, ASIC must refuse the application.
(4) In determining whether or not it has reason to believe as mentioned in
paragraph (2)(e) or (f), ASIC must have regard to any conviction of the
person, during the 10 years ending on the day of the application, of serious
fraud.