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 Act a deed of company arrangement that has not yet terminated; and

(fa)  

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

(fb)  

whether the company has made, under Division 3 of Part 5.3B of that Act, a restructuring plan 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(Repealed by No 8 of 2007)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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