Excise Act 1901
PART IV
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MANUFACTURER, STORAGE, PRODUCER AND DEALER LICENCES
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:
(b) whether, within 10 years before the application was made, the person was convicted of:
(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:
(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.
CCH NOTE: No 74 of 2006, s 3 and Sch 1 item 102 contains the following additional provision:
(5) Existing licences to end on 31 March 2007A licence in force under Part IV of the Excise Act 1901 immediately before 1 July 2006 ceases to be in force at the end of 30 September 2006 (unless cancelled earlier).
Division 2
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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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