4EGrounds for finding a person is not a suitable person to hold a licence

4E Grounds for finding a person is not a suitable person to hold a licence

4E Grounds for finding a person is not a suitable person to hold a licence

(1) A person is not a suitable person to hold a licence if the Cemeteries Agency is of the opinion the person is not a suitable person to hold a licence.

(2) The Cemeteries Agency may form an opinion a person is not a suitable person to hold a licence in the following circumstances—

(a) the person has, within the previous 10 years, been convicted of a relevant offence,

(b) the cemetery operator has contravened a condition of the licence held by the cemetery operator, including a condition of a suspension or cancellation of the licence,

(c) the person is an undischarged bankrupt,

(d) an equivalent licence of the person has been suspended or cancelled, other than at the person’s request, under the law of another Australian jurisdiction,

(e) other circumstances the Cemeteries Agency considers appropriate.

(3) In this section—

person includes, if the person is a corporation, a director of the corporation.

relevant offence means the following offences, whether committed in this or another Australian jurisdiction—

(a) an offence against the Act or this Regulation,

(b) an offence relating to the provision of interment services,

(c) an offence involving fraud or dishonesty.

s 4E: Ins 2022 (605), Sch 1[1].