20Meaning of fit and proper person

20 Meaning of fit and proper person (1) A natural person is a fit and proper person for the purposes of section 22, 25 or 39 if the person: (a) is not a disqualified person as determined in accordance with this section; and (b) is a person whose general reputation in the community (which may include a place outside the Territory) is such that the Board is satisfied that the person will competently, conscientiously and honestly perform the duties of an agent in relation to the person's employees and clients; and (c) has completed the application for a licence frankly, comprehensively and honestly. (2) A person is a disqualified person for the purposes of subsection (1)(a) if the person: (a) has in the 10 years immediately before the person applied for the licence, been found guilty (whether or not in the Territory) of a prescribed offence or an offence that involves dishonesty or violence or is an offence against the Misuse of Drugs Act 1990, the Kava Management Act 1998 or a corresponding law declared under subsection (8); or (b) is mentally incapable of performing the duties of an agent; or (c) is disqualified from holding a licence, certificate of registration or other authority under the Consumer Affairs and Fair Trading Act 1990 or a corresponding law declared under subsection (8) or is the holder of such a licence, certificate or authority that is suspended; or

Agents Licensing Act 1979 13 (d) has, at the time of the application, failed to pay a monetary penalty payable by the person under this Act, the Consumer Affairs and Fair Trading Act 1990 or a corresponding law declared under subsection (8) or failed to comply with a direction given by the Board; or (f) is at the time of the application in breach of a provision of this Act or the Regulations that is prescribed by regulation as a disqualifying breach. (3) The Board may determine that an offence referred to in subsection (2)(a) is not to be taken into account for the purposes of this section: (a) because of the time that has passed since the offence was committed; or (b) because the act or omission constituting the offence was trivial or irrelevant. (4) A person is a disqualified person for the purposes of subsection (1)(a) if the person: (a) is an undischarged bankrupt or is a director or other person concerned in the management of a company that is the subject of a winding up order or for which a controller or administrator has been appointed; or (b) at any time in the 3 years immediately before the person applied for the licence: (i) was an undischarged bankrupt; or (ii) applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounded with the person's creditors or made an assignment of the person's remuneration for their benefit, unless the Board is satisfied that the person took all reasonable steps to avoid bankruptcy; or (c) at any time in the 3 years immediately before the person applied for the licence, was concerned in the management of a company: (i) while it was the subject of a winding-up order; or (ii) while a controller or administrator was appointed,