372Fit and proper person test

372  Fit and proper person test  (1) This section applies for the purposes of determining whether a person is a fit and proper person for the purposes of any of the following provisions:  (a) sections 112, 117, 120, 123, 127 and 138 (decisions in relation to registered establishments);  (b) sections 151, 156, 165, 171 and 179 (decisions in relation to approved arrangements);  (c) sections 191, 196, 201, 205 and 212 (decisions in relation to export licences);  (d) any other provision of this Act prescribed by the rules. Note: The reference to this Act includes a reference to instruments made under this Act (see the definition of this Act in section 12).  (2) Subject to subsection (4), in determining whether the person is a fit and proper person, the Secretary must have regard to the following matters:  (a) whether the person, or an associate of the person, has been convicted of an offence against, or ordered to pay a pecuniary penalty under, any of the following:  (i) this Act or the repealed Export Control Act 1982;  (ii) the repealed Australian Meat and Live‑stock Industry Act 1997;  (iii) the Biosecurity Act 2015 or the repealed Quarantine Act 1908;  (iv) the Imported Food Control Act 1992;  (v) the Illegal Logging Prohibition Act 2012;  (va) the repealed Primary Industries Levies and Charges Collection Act 1991;  (vb) the Primary Industries Levies and Charges Collection Act 2024;  (vi) another Act prescribed by the rules;  (vii) the Criminal Code or the Crimes Act 1914, to the extent that it relates to an Act referred to in another subparagraph of this paragraph;  (b) whether a debt is due and payable by the person, or an associate of the person, to the Commonwealth under an Act referred to in paragraph (a);  (c) whether the person or an associate of the person:  (i) made a false or misleading statement in an application under this Act; or  (ii) gave false or misleading information or documents to the Secretary or to another person performing functions or duties or exercising powers under this Act; or  (iii) gave false or misleading information or documents to the Secretary or the Department under a prescribed agriculture law;  (d) whether the person, or an associate of the person, has contravened an Act referred to in paragraph (a);  (e) whether an application made by the person, or an associate of the person, under any of the following was refused (except in accordance with subsection 379(2)):  (i) section 78 or 83 (accreditation of properties);  (ii) section 111 or 116 (registration of establishments);  (iii) section 150 or 155 (approved arrangements);  (iv) section 190 or 195 (export licences);  (v) any other provision of this Act prescribed by the rules;  (vi) the repealed Australian Meat and Live‑stock Industry Act 1997;  (vii) the repealed Export Control Act 1982;  (f) if the person, or an associate of the person, is or was the manager of an accredited property—whether the accreditation of the property:  (i) is or was suspended, wholly or in part, under Division 2 of Part 5 of Chapter 3; or  (g) if the person, or an associate of the person, is or was the occupier of a registered establishment—whether the registration of the establishment:  (i) is or was suspended, wholly or in part, under Division 2 of Part 5 of Chapter 4; or  (h) if the person, or an associate of the person, is or was the holder of an approved arrangement:  (i) whether the approved arrangement, or a part of the approved arrangement, is or was suspended under Division 2 of Part 5 of Chapter 5; or  (ii) whether the approved arrangement was revoked under Division 2 of Part 6 of that Chapter;  (i) whether an export licence granted to the person or an associate of the person:  (i) is or was suspended, wholly or in part, under Division 2 of Part 5 of Chapter 6; or  (j) any other matter prescribed by the rules.  (3) In determining whether the person is a fit and proper person, the Secretary may also have regard to the following matters:  (a) whether the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under, any Australian law (other than an Act referred to in paragraph (2)(a));  (b) the interests of the industry, or industries, that relate to the person’s export business;  (c) any other relevant matter.  (4) For the purposes of determining whether a person who:  (a) carries out export operations, or performs functions or duties or exercises powers under this Act; and  (b) is prescribed by the rules; is a fit and proper person for the purposes of a provision of this Act, subsection (2) of this section applies as if the references to an associate of the person were omitted.  (5) Rules must not be made for the purposes of paragraph (4)(b) prescribing any of the following:  (a) an applicant for the registration of an establishment under section 111;  (b) the occupier of a registered establishment;  (c) a person who is required by rules made for the purposes of section 373 to be a fit and proper person.  (6) Paragraphs (2)(e) to (i) do not apply in relation to a refusal, or a suspension or revocation, if the decision to refuse, suspend or revoke was set aside on review.  (7) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).