Customs Act 1901

PART VAAA - CARGO TERMINALS  

Division 1 - Preliminary  

SECTION 102BA   MEANING OF FIT AND PROPER PERSON  

102BA(1)  
In deciding whether a natural person is a fit and proper person for the purposes of this Part, the decision-maker must have regard to:

(a)  any conviction of the person of an offence against this Act committed within the 10 years immediately before the decision; and

(b)  any conviction of the person of an offence punishable by imprisonment for 1 year or longer:


(i) against another law of the Commonwealth; or

(ii) against a law of a State or Territory;
if that offence was committed within the 10 years immediately before the decision; and

(c)  whether the person has been refused a transport security card, or has had such a card suspended or cancelled, within the 10 years immediately before the decision; and

(d)  

if a request has been made of the person under subsection 102CF(2) and the Comptroller-General of Customs is considering giving a direction to the person under Division 5 - any misleading statement given by the person in response to the request.

102BA(2)  
In deciding whether a company is a fit and proper person for the purposes of this Part, the decision-maker must have regard to:

(a)  any conviction of the company of an offence:


(i) against this Act; or

(ii) if punishable by a fine of 100 penalty units or more - against another law of the Commonwealth, or a law of a State or of a Territory;
committed:

(iii) within the 10 years immediately before the decision; and

(iv) at a time when any person who is presently a director, officer or shareholder of the company was such a director, officer or shareholder; and

(b)  whether a receiver of the property, or part of the property, of the company has been appointed; and

(c)  whether the company is under administration within the meaning of the Corporations Act 2001 ; and

(d)  whether the company has executed, under Part 5.3A of that Act, a deed of company arrangement that has not yet terminated; and

(e)  

whether the company is under restructuring within the meaning of that Act; and

(f)  

whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan that has not yet terminated.



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