Excise Act 1901

PART IV - MANUFACTURER, STORAGE, PRODUCER AND DEALER LICENCES  

Division 2 - The granting of licences  

SECTION 39C   39C   DETERMINING WHETHER A COMPANY IS FIT AND PROPER  


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


(a) whether, within one year before the application was made, the company 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 a fine of 50 penalty units or more; and


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


(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 a fine of 50 penalty units or more; and


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


(c) whether the company has held a licence that has been cancelled; and


(ca) the company's financial resosurces; and


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


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


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


(g) (Repealed by No 8 of 2007)


(h) whether the company is being wound up.




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