South Australian Numbered Acts South Australian Numbered Acts37—Amendment of section 55—Provisions governing whether person is fit and proper
(1) Section 55—before subsection (1) insert:
(a1) A person is not a fit and proper person to hold a licence if—
(a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or
(b) 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; or
(c) in the case of a natural person, the person—
(i) is—
(A) a member of a prescribed organisation; or
(B) 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
(ii) is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth.
(a2) A person is not a fit and proper person to occupy a position of authority in a trust or corporate entity that holds a licence if—
(a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or
(b) the person is—
(i) a member of a prescribed organisation; or
(ii) 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
(c) the person is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth.
(2) Section 55(1)—after paragraph (b) insert:
and
(c) if the person is a body corporate—whether the body corporate is being wound up or is under official management or in receivership; and
(d) any other factor relevant to the particular purpose to which the decision relates, including any relevant offence of which the person has been convicted or found guilty.
Note—
A relevant factor might, for example, be that a person (or, if the person is a body corporate, a director of the body corporate) has been a director of a number of bodies corporate wound up for the benefit of creditors.
(3) Section 55—after subsection (3) insert:
(4) In this section—
"close associate"—see subsection (5)
;
"prescribed organisation"—the following are prescribed organisations:
(a) a declared organisation within the meaning of the Serious and Organised Crime (Control) Act 2008
;
(b) a criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the Criminal Law Consolidation Act 1935
;
(c) any other organisation prescribed by the regulations for the purposes of this definition.
(5) 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.
(6) 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.