16What the Secretary must have regard to (Act s 12 (2))

16 What the Secretary must have regard to (Act s 12 (2))

(1) For subsection 12 (2) of the Act, the Secretary must have regard to the following matters when satisfying himself or herself about a matter mentioned in subsection 12 (1) of the Act: (a) whether the applicant, or any person in management and control of the live‑stock export business or proposed
live‑stock export business to which the application relates, has ever been convicted of an offence against a law of the Commonwealth or a State or Territory, for which the maximum penalty is a period of imprisonment or a fine of at least $1 000; (b) whether the applicant or a person in management and control of the business has been charged with an offence against a law of the Commonwealth or a State or Territory, for which the maximum penalty is a period of imprisonment or a fine of at least $1 000; (c) if information in the application or in a document accompanying the application is false or misleading in a material detail—whether the applicant, or any person in management and control, knew, or should have known, that the information was false or misleading; (d) the assets and liabilities, and financial performance, of the applicant in the previous financial year; (e) whether the applicant or any person in management and control of the business owes, or has ever owed, the Commonwealth any amount by way of a fee, charge or levy payable under a law of the Commonwealth, or by way of penalty for failing to pay such a fee, charge or levy; (f) whether the applicant or any person in management and control of the business has failed to comply with a condition of an export licence, or with an order made or direction given under the Act; (g) whether the applicant or any person in management and control of the business has failed to comply with a condition of a licence of any other kind issued by the Commonwealth, a State or a Territory, or an authority of the Commonwealth, a State or a Territory; (h) whether the applicant or any person in management and control of the business has ever been refused an export licence, and if so the reasons for the refusal; (i) whether the applicant or any person in management and control of the business has ever been refused a licence of any other kind by the Commonwealth, a State or a Territory, or an authority of the Commonwealth, a State or a Territory, and if so the reasons for the refusal; (j) whether the applicant has demonstrated, including in the operations and governance manual accompanying the application (if required), an ability to comply with the Australian Standards for the Export of Live‑stock; (k) any assessment made by an external vetting agency (at the request of the Secretary) of the integrity of the applicant, the integrity of each person in management and control, and the financial standing of the applicant; (l) the results of any inspection, evaluation or demonstration of the operations of the applicant’s business, as arranged by the Secretary and conducted or observed by an authorised officer or other appropriately qualified person nominated by the Secretary; (m) any other relevant matter known to the Secretary.