South Australian Current Acts South Australian Current Acts (1) Without limiting
the matters to which the Commissioner may have regard in determining whether a
person is a fit and proper person to be the holder of a licence, a fit and
proper person to be a responsible person or a fit and proper person to be the
director of a body corporate that is the holder of a licence, the Commissioner
may have regard to the following matters:
(a) the
person’s character including, for example, the person’s honesty,
integrity and professionalism;
(b)
whether the person has previously held a licence under this Act or a
corresponding law and whether such a licence lapsed or was suspended or
cancelled;
(c)
demonstrated compliance by the person with relevant laws;
(d)
information provided to the Commissioner by the Commissioner of Police under
section 32;
(e) in
the case of a natural person—
(i)
whether the person has sufficient business knowledge,
experience and skills for the purpose of properly carrying on business under
the licence; and
(ii)
whether the person has previously been the director of a
body corporate that has previously held a licence under this Act or a
corresponding law and whether such a licence was suspended or cancelled;
(f) in
the case of a body corporate—
(i)
whether the directors of the body corporate together have
sufficient business knowledge and experience for the purpose of properly
directing the business carried on under the licence; and
(ii)
whether the body corporate is being wound up or is under
official management or in receivership.
(2) A person is not a
fit and proper person to be the holder of a licence if—
(a) the
person has been found guilty or convicted of an offence, or an offence of a
class, prescribed by the regulations; or
(b) in
the case of a natural person, the person—
(i)
is a member of, or a participant in, a
prescribed organisation; or
(ii)
is a close associate of a person who is a member of a
prescribed organisation or is subject to a control order under the
Serious and Organised Crime (Control) Act 2008 ; or
(iii)
is an insolvent under administration within the meaning
of the Corporations Act 2001 of the Commonwealth; or
(iv)
has, during the period of 5 years preceding the
application for the licence, been a director of a body corporate that has been
wound up for the benefit of creditors—
(A) when the body was being so wound up; or
(B) within the period of 6 months preceding
the commencement of the winding up; or
(c) in
the case of a body corporate—
(i)
the body corporate is a body corporate, or is a body
corporate of a class, prescribed by the regulations; or
(ii)
the body corporate is a prescribed organisation.
(3) A person is not a
fit and proper person to be the director of a body corporate that is the
holder of a licence if the person—
(a) has
been found guilty or convicted of an offence, or an offence of a class,
prescribed by the regulations; or
(b) is a
member of, or a participant in, a prescribed organisation; or
(c) is a
close associate of a person who is a member of a prescribed organisation or is
subject to a control order under the Serious and Organised Crime (Control)
Act 2008 ; or
(d) is
an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(e) has,
during the period of 5 years preceding the application for the licence, been a
director of a body corporate that has been wound up for the benefit of
creditors—
(i)
when the body was being so wound up; or
(ii)
within the period of 6 months preceding the commencement
of the winding up.
(4) A person is not a
fit and proper person to be a responsible person if the person—
(a) has
been found guilty or convicted of an offence, or an offence of a class,
prescribed by the regulations; or
(b) is a
member of, or a participant in, a prescribed organisation; or
(c) is a
close associate of a person who is a member of a prescribed organisation or is
subject to a control order under the Serious and Organised Crime (Control)
Act 2008 .
(5) In this
section—
"close associate"—see subsection (6);
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"member", of an organisation, includes an associate member or a prospective
member, however described;
"participant", in a prescribed organisation, means—
(a) if
the organisation is a body corporate—a director or officer of the body
corporate; or
(b) a
person who (whether by words or conduct, or in any other way) asserts,
declares or advertises their membership of, or association with, the
organisation; or
(c) a
person who (whether by words or conduct, or in any other way) seeks to be a
member of, or to be associated with, the organisation; or
(d) a
person who attends more than 1 meeting or gathering of persons who participate
in the affairs of the organisation in any way; or
(e) a
person who takes part in the affairs of the organisation in any other way,
but does not include a lawyer acting in a professional capacity;
"prescribed organisation"—the following are prescribed organisations:
(a) a
criminal organisation within the meaning of Division 1 or Division 2
of Part 3B of the Criminal Law Consolidation Act 1935 ;
(b) any
other organisation prescribed by the regulations for the purposes of this
definition.
(6) For the
purposes of this section, 2 persons are "close associates" if—
(a) 1 is
a spouse, domestic partner, parent, brother, sister or child of the other; or
(b) they
are members of the same household; or
(c) they
are in partnership; or
(d) they
are related bodies corporate; or
(e) 1
has a right to participate (otherwise than as a shareholder in a body
corporate) in income or profits derived from a business conducted by the
other; or
(f) 1 is
in a position to exercise control or significant influence over the conduct of
the other.
(7) For the purposes
of this section, a reference to a parent, brother, sister or child of a person
will be taken to include a reference to a step-parent, step-brother,
step-sister or step-child (as the case requires) of the person.