Western Australian Current Acts

GENE TECHNOLOGY ACT 2006 - SECT 58

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;

            (b)         any revocation or suspension of a licence or permit (however described) held by the person under a law of Western Australia, the Commonwealth, another State or a foreign country, 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;

            (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;

            (c)         any revocation or suspension of a licence or permit (however described) held by the body corporate under a law of Western Australia, the Commonwealth, another State or a foreign country, 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 Western Australia, the Commonwealth, another 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 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 the Spent Convictions Act 1988 .

        Note for this section:

                This section differs from section 58 of the Commonwealth Act.