sec.46Chief executive must consider suitability of applicants and field agents

sec.46 Chief executive must consider suitability of applicants and field agents

The chief executive must consider the following things in deciding whether a person is a suitable person to hold a licence— the character of the person; the character of the person’s business associates; whether the person held a licence or registration under a relevant Act that was suspended or cancelled under the relevant Act; whether an amount has been paid from the claim fund because the person did, or omitted to do, something that gave rise to the claim against the fund; whether the person has been disqualified under a relevant Act from being— the holder of a licence under the relevant Act; or the holder of registration under the relevant Act; or an executive officer of a corporation that holds a licence under the relevant Act; for an individual— the person’s criminal history; and whether the person has been an insolvent under administration; and whether the person has been convicted of an offence against a relevant Act or the Administration Act ; and whether the person is capable of satisfactorily performing a regulated activity under the licence; and whether the person’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ; See the Corporations Act , section 1274AA . for a corporation— whether the corporation has been placed in receivership or liquidation; and whether an executive officer of the corporation has been an insolvent under administration; and whether the corporation or an executive officer of the corporation has been convicted of an offence against a relevant Act or the Administration Act ; and whether each executive officer of the corporation is a suitable person to hold a licence; another thing the chief executive may consider under this Act. If the chief executive decides a person is not a suitable person to hold a licence, the chief executive must give the person an information notice about the decision within 14 days after the decision is made. In this section— claim fund includes— the claim fund under PAMDA; and the auctioneers and agents fidelity guarantee fund continued in existence under the repealed Auctioneers and Agents Act 1971 . relevant Act means this Act, an Agents Act, PAMDA or a corresponding law. (sec.46-ssec.1) The chief executive must consider the following things in deciding whether a person is a suitable person to hold a licence— the character of the person; the character of the person’s business associates; whether the person held a licence or registration under a relevant Act that was suspended or cancelled under the relevant Act; whether an amount has been paid from the claim fund because the person did, or omitted to do, something that gave rise to the claim against the fund; whether the person has been disqualified under a relevant Act from being— the holder of a licence under the relevant Act; or the holder of registration under the relevant Act; or an executive officer of a corporation that holds a licence under the relevant Act; for an individual— the person’s criminal history; and whether the person has been an insolvent under administration; and whether the person has been convicted of an offence against a relevant Act or the Administration Act ; and whether the person is capable of satisfactorily performing a regulated activity under the licence; and whether the person’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ; See the Corporations Act , section 1274AA . for a corporation— whether the corporation has been placed in receivership or liquidation; and whether an executive officer of the corporation has been an insolvent under administration; and whether the corporation or an executive officer of the corporation has been convicted of an offence against a relevant Act or the Administration Act ; and whether each executive officer of the corporation is a suitable person to hold a licence; another thing the chief executive may consider under this Act. (sec.46-ssec.2) If the chief executive decides a person is not a suitable person to hold a licence, the chief executive must give the person an information notice about the decision within 14 days after the decision is made. (sec.46-ssec.3) In this section— claim fund includes— the claim fund under PAMDA; and the auctioneers and agents fidelity guarantee fund continued in existence under the repealed Auctioneers and Agents Act 1971 . relevant Act means this Act, an Agents Act, PAMDA or a corresponding law.

• (a) the character of the person;
• (b) the character of the person’s business associates;
• (c) whether the person held a licence or registration under a relevant Act that was suspended or cancelled under the relevant Act;
• (d) whether an amount has been paid from the claim fund because the person did, or omitted to do, something that gave rise to the claim against the fund;
• (e) whether the person has been disqualified under a relevant Act from being— (i) the holder of a licence under the relevant Act; or (ii) the holder of registration under the relevant Act; or (iii) an executive officer of a corporation that holds a licence under the relevant Act;
• (i) the holder of a licence under the relevant Act; or
• (ii) the holder of registration under the relevant Act; or
• (iii) an executive officer of a corporation that holds a licence under the relevant Act;
• (f) for an individual— (i) the person’s criminal history; and (ii) whether the person has been an insolvent under administration; and (iii) whether the person has been convicted of an offence against a relevant Act or the Administration Act ; and (iv) whether the person is capable of satisfactorily performing a regulated activity under the licence; and (v) whether the person’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ; Note— See the Corporations Act , section 1274AA .
• (i) the person’s criminal history; and
• (ii) whether the person has been an insolvent under administration; and
• (iii) whether the person has been convicted of an offence against a relevant Act or the Administration Act ; and
• (iv) whether the person is capable of satisfactorily performing a regulated activity under the licence; and
• (v) whether the person’s name appears in the register of persons disqualified from managing corporations under the Corporations Act ; Note— See the Corporations Act , section 1274AA .
• (g) for a corporation— (i) whether the corporation has been placed in receivership or liquidation; and (ii) whether an executive officer of the corporation has been an insolvent under administration; and (iii) whether the corporation or an executive officer of the corporation has been convicted of an offence against a relevant Act or the Administration Act ; and (iv) whether each executive officer of the corporation is a suitable person to hold a licence;
• (i) whether the corporation has been placed in receivership or liquidation; and
• (ii) whether an executive officer of the corporation has been an insolvent under administration; and
• (iii) whether the corporation or an executive officer of the corporation has been convicted of an offence against a relevant Act or the Administration Act ; and
• (iv) whether each executive officer of the corporation is a suitable person to hold a licence;