5Meaning of fit and proper

5 Meaning of fit and proper

(1)  The regulator may take into account the following matters when determining, for the purposes of this Act, if a person is a fit and proper person:

(a) the capacity, including the financial capacity, of the person including his or her ability to maintain, if relevant, a regulated business, cemetery or crematorium, and the related records;

(b) the capacity of the person to comply with the relevant provisions of this Act;

(c) whether the person has any previous relevant experience in the management and maintenance of a regulated business, cemetery or crematorium and, if so, the details of that experience;

(d) whether the person has been found guilty of one of the following offences within the immediately previous 10 years, regardless of where the conviction occurred:

(i) an indictable offence where the maximum penalty for the offence is a term of imprisonment of at least 3 months;

(ii) an offence of dishonesty, fraud, or trafficking, where the maximum penalty for the offence is a term of imprisonment of at least 3 months;

(e) whether or not any allegations of misconduct, relevant to the management or operation of a regulated business, cemetery or crematorium, have been made against the person, regardless of the jurisdiction in which the allegation was made;

(f) any other prescribed matter;

(g) any other matter, in respect of the person, that the regulator considers relevant to the determination.

(2)  If the regulator is required to determine, for the purposes of this Act, if a body corporate is a fit and proper person, subsection (1) applies to that determination as if a reference in that subsection to a person were a reference to each officer of that body corporate.