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GENE TECHNOLOGY ACT 2000 - SECT 58
Matters to be taken into account in deciding whether a person is
suitable to hold a licence - (1)
- Without limiting the matters to which the
Regulator may have regard in deciding whether a natural person is a suitable
person to hold a licence, the Regulator must have regard to:
- (a)
- any relevant conviction of the person; and
- (b)
- any revocation or suspension of a licence or permit (however described)
held by the person under a law of the Commonwealth, a State or a foreign
country, being a law relating to the health and safety of people or the
environment; and
- (c)
- the capacity of the person to meet the conditions of the licence.
- (2)
- Without limiting the matters to which the Regulator may have regard in
deciding whether a body corporate is a suitable person to hold a licence, the
Regulator must have regard to the following:
- (a)
- any relevant conviction of the body corporate; and
- (b)
- if there is a relevant conviction of the body corporate:
- (i)
- whether the offence concerned was committed at a time when any person who
is presently a director of the body corporate was a director; and
- (ii)
- whether that offence was committed at a time when any officer or
shareholder of the body corporate who is presently in a position to influence
the management of the body corporate was such an officer or shareholder; and
- (c)
- any revocation or suspension of a licence or permit (however described)
held by the body corporate under a law of the Commonwealth, a State or a
foreign country, being a law relating to the health and safety of people or
the environment; and
- (d)
- the capacity of the body corporate to meet the conditions of the licence.
- (3)
- In this section:
"relevant conviction "means a conviction for an offence against a law of the
Commonwealth, a State or a foreign country, being a law relating to the health
and safety of people or the environment, if:
- (a)
- the offence was committed within the period of 10 years immediately before
the making of the application for the licence; and
- (b)
- the offence was punishable on conviction by a fine of $5,000 or more, or
by a term of imprisonment of one year or more.
- (4)
- Nothing in this section affects the operation of Part VIIC of the
Crimes Act 1914 (which includes provisions that, in certain circumstances,
relieve persons from the requirement to disclose spent convictions and require
persons aware of such convictions to disregard them).
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