34GFit and proper person—investigations conducted by the Registrar

34G Fit and proper person—investigations conducted by the Registrar

(1) The Registrar must, if requested to do so by the Minister, the Chief Executive Officer or an executive member: (a) investigate whether an executive member is a fit and proper person; or (b) investigate whether a person nominated under subsection 30(4) is a fit and proper person. Criminal history check (2) The Registrar may, by written notice given to a person who is the subject of an investigation under subsection (1) request the person to: (a) obtain a specified kind of criminal history check and give that criminal history check to the Registrar; and (b) do so within the period specified in the notice. (3) If a person has been given a notice under subsection (2), the Registrar may vary the notice by extending the period specified in the notice. Consent for checking (4) The Registrar may, by written notice given to a person who is the subject of an investigation under subsection (1), request the person to give to the Registrar, within the period specified in the notice, a specified kind of written consent that the Registrar requires to enable: (a) criminal records to be checked for the purposes of the investigation; or (b) bankruptcy or insolvency records to be checked for the purposes of the investigation. Other matters (5) A period specified in a notice under subsection (2) or (4) must not be shorter than 30 days. (6) This section does not affect 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 require persons aware of such convictions to disregard them).