AustLII Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 3B

Matters to be taken into account in deciding whether a body corporate is a fit and proper person

(1)  Without limiting the matters to which the responsible licensing authority may have regard in deciding whether a body corporate is a fit and proper person to hold a licence, the responsible licensing authority may have regard to the following:
(a) any conviction of the body corporate for an offence against a law of the Commonwealth, a State or a Territory;
(b) any civil penalty (however described) imposed upon the body corporate under a law of the Commonwealth, a State or a Territory;
(c) if there is such a conviction or imposition of a civil penalty upon the body corporate –
(i) whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any person who is presently a director or officer of the body corporate was such a director or officer; and
(ii) whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any shareholder of the body corporate who is presently in a position to influence the management of the body corporate was such a shareholder;
(d) any revocation or suspension of a licence or permit (however described) held by the body corporate under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs;
(e) whether a person who is, or is to be, the responsible officer in relation to the licence is a fit and proper person;
(f) whether –
(i) each director of the corporation is a fit and proper person; or
(ii) more than 10% of the corporation is owned by a person who is not a fit and proper person;
(g) the connections and associations that the body corporate, and its directors and officers, have with other persons (including but not limited to relatives of such directors and officers);
(h) the previous business experience of the directors and officers of the body corporate, and of the shareholders of the body corporate who are presently in a position to influence the management of the body corporate;
(i) whether the body corporate has a sound and stable financial background or is in financial circumstances that may significantly limit the capacity of the body corporate to comply with its obligations under a licence;
(j) the capacity of the body corporate to meet the conditions of the licence;
(k) whether the directors and officers of the body corporate are of good repute, having regard to matters going to their character, honesty and professional and personal integrity;
(l) the body corporate’s history of compliance with this Act.
(2)  Subsection (1)(g) , (h) , (i) and (k) does not apply in relation to a poppy research licence or a poppy grower's licence.



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