22Legal status of a group permitted to make application for registration

#### 22 Legal status of a group permitted to make application for registration (1) If the Secretary grants a group permission to make application to be registered as a participant: (a) the group’s eligibility to make that application for registration; and (b) if that application for registration is refused—the group’s right to seek review of the decision refusing that application; and (c) if the application for registration is granted—the group’s rights and liabilities under this Act, under the Customs Act 1901 (so far as that Act relates to persons registered under this Act), under the Tariff (so far as the Tariff relates to persons registered under this Act) and under the ACIS (Unearned Credit Liability) Act 1999; are to be determined: (d) as if the group possessed legal personality; and (e) as if any act or thing done by or to the nominated contact person were an act or thing done by or to the group. (2) In dealing with an application by a group given permission to apply for registration as a participant, the Secretary may treat all acts or things done by or to members of the group as if they were acts or things done by or to the group considered together. (3) If the Secretary is satisfied, at any time, that, in relation to a group of companies given permission to seek registration as a participant or in relation to a group of companies that are so registered: (a) any company in the group would not be a fit and proper person if that company were making application for registration in its own right; or (b) any director of a company in the group and any officer or shareholder of a company in the group having the capacity to influence the management of that company, would not be a fit and proper person if that director, officer or shareholder were making application for registration in his or her own right; the Secretary must decide that the group is not a fit and proper person within the meaning of section 29.