EXCISE ACT 1901

PART IV - MANUFACTURER, STORAGE, PRODUCER AND DEALER LICENCES  

Division 2 - The granting of licences  

SECTION 39B   39B   DETERMINING WHETHER A NATURAL PERSON IS FIT AND PROPER  


The Collector may, in considering whether a natural person is a fit and proper person, have regard to:


(a) whether, within one year before the application was made, the person has been charged with:


(i) an offence against a provision of the Excise Acts; or

(ii) an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for a period of one year or longer or by a fine of 50 penalty units or more; and


(b) whether, within 10 years before the application was made, the person was convicted of:


(i) an offence against a provision of the Excise Acts; or

(ii) an offence against a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer or by a fine of 50 penalty units or more; and


(ba) the extent of the person's compliance, within 4 years before the application was made, with any law administered by the CEO; and


(c) whether the person has:


(i) held a licence which has been cancelled; or

(ii) participated in the management or control of a company that has had its licence cancelled; and


(ca) the person's financial resources; and


(d) whether the person is an undischarged bankrupt; and


(e) if the person is the applicant - any misleading statement made in the application by the person; and


(f) if the person is the applicant and any statement by the person in the application was false - whether the person knew that the statement was false.




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