SCHEDULE 4 - Fit and Proper Pe SCHEDULE 4 - Fit and Proper Person Criteria

Regulation 21(9) , regulation 45(6)(c) , regulation 87(11) and regulation 92(1)

1.   Interpretation

Expressions that are defined in a Part and used in this Schedule have the same meaning in this Schedule as in that Part.

2.   Criteria

In determining whether a person is a fit and proper person to obtain or retain an entitlement, the Secretary may have regard to such of the following matters as the Secretary reasonably considers applicable to the obtaining or retention of that entitlement:

(a) the person's qualifications in relation to explosives;

(b) the person's mental fitness;

(c) the person's conduct as regards –

(i) any similar entitlement relating to the handling of explosives or dangerous substances, in this State or elsewhere; or

(ii) any attempt to obtain or retain such a similar entitlement;

(d) whether the person has ever given false or misleading information in or in connection with an application or any other matter under the Act, an allied Act or a corresponding law;

(e) whether the person has ever contravened the Act, an allied Act or a corresponding law;

(f) whether the person has, in this State or elsewhere, ever been convicted of an offence involving explosives or other dangerous substances;

(g) whether the person has ever been convicted of a terrorism offence;

(h) whether the person has, in this State or elsewhere, ever been convicted of an offence involving –

(i) violence or weapons; or

(ii) dishonesty; or

(iii) the obstruction or intimidation of persons exercising or performing statutory powers or functions;