Customs Act 1901

PART IV - THE IMPORTATION OF GOODS  

Division 3 - The Report of the Cargo  

Subdivision E - Registering re-mail reporters  

SECTION 67H   FIT AND PROPER PERSON TEST  

67H(1)    

An applicant meets the fit and proper person test for the purposes of paragraph 67G(1)(c) if the Comptroller-General of Customs is satisfied that:

(a)    if the applicant is a natural person - the applicant is a fit and proper person to be registered as a re-mail reporter; and

(b)    if the applicant is a partnership - all of the partners are fit and proper persons to be members of a partnership registered as a re-mail reporter; and

(c)    if the applicant is a company - all of the company ' s directors, officers and shareholders who would participate in managing the affairs of the company are fit and proper persons to do so; and

(d)    each employee of the applicant who would participate in making cargo reports in relation to re-mail items under section 64AB is a fit and proper person to do so; and

(e)    if the applicant is a company - the company is a fit and proper company to be registered as a re-mail reporter.

67H(2)    

The Comptroller-General of Customs must, in deciding whether a person is a fit and proper person for the purposes of paragraph (1)(a) , (b) , (c) or (d) , 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 one 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 that decision; and

(c)    whether the person is an insolvent under administration; and

(d)    whether the person was, in the 2 years immediately before that decision, a director of, or concerned in the management of, a company that:

(i) had been, or is being, wound up; or

(ii) had had its registration as a re-mail reporter cancelled by the Comptroller-General of Customs under paragraph 67K(1)(a) , (b) or (d) ; and

(e)    whether any misleading information or document has been provided in relation to the person by the applicant under subsection 67F(2) or 67G(2) ; and

(f)    if any information or document given by or in relation to the person was false - whether the applicant knew that the information or document was false; and

(g)    

whether the person has been refused a transport security identification card, or has had such a card suspended or cancelled, within the 10 years immediately before the decision.

67H(3)    

The Comptroller-General of Customs must, in deciding whether a company is a fit and proper company for the purpose of paragraph (1)(e) , have regard to:

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

(i) against this Act; or

(ii) if it is punishable by a fine of $5,000 or more - against another law of the Commonwealth, or a law of a State or Territory; committed:

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

(iv) at a time when any person who is presently a director, officer or shareholder of a kind referred to in paragraph (1)(c) in relation to 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

(ea)    

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

(f)    whether the company is being wound up.

67H(4)    
Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and requires persons aware of such convictions to disregard them).