Commonwealth Consolidated Acts

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CUSTOMS ACT 1901 - SECT 102BA

Meaning of fit and proper person

             (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.

             (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.



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