13Fitness for grant

13 Fitness for grant

(1) A person is fit to receive a grant at a time if: (a) the person has complied with all of the person’s obligations under taxation laws (within the meaning of the Income Tax Assessment Act 1997) during the current income year and the previous 2 income years; and (b) no disqualifying convictions of the person are outstanding; and (c) if the person is not a representative body—the person is not under insolvency administration; and (d) the CEO of Austrade has not, within the last 2 years, decided under subsection (2) that the person is unfit to receive a grant.

Note: It is a condition at application for a grant and at all times while a person is a grantee that the person be fit to receive a grant (see paragraphs 10(2)(g), 11(2)(c) and 12(2)(b)).

(2) The CEO of Austrade may decide that a person who has applied for a grant, or is a grantee, is unfit to receive a grant if the CEO reasonably believes that: (a) the person is not conducting their business in a professional or ethical manner; or (b) Austrade dealing with the person might have a detrimental impact on Australia’s trade reputation.

Note: A decision under this subsection is reviewable (see section 55).

(3) A disqualifying conviction of a person is outstanding for the period starting on the day the conviction was recorded and ending: (a) if the convicted person is sentenced to a term of imprisonment—5 years after the earlier of the end of the term of imprisonment and the person’s release from prison; or (b) otherwise—5 years after the day the conviction was recorded. (4) A disqualifying conviction of a person is any conviction of the person for any of the following offences: (a) an offence that, under subsection 206B(1) of the Corporations Act 2001, disqualifies a person from managing a corporation; (b) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 or 137.2 of the Criminal Code that relates to a grant (including an application for a grant); (c) any of the following that relates to an offence mentioned in paragraph (a) or (b): (i) an offence against section 6 of the Crimes Act 1914; (ii) an ancillary offence within the meaning of the Criminal Code; (iii) an offence against a law of a State or Territory that corresponds to an offence mentioned in subparagraph (i) or (ii). (5) A person is under insolvency administration if any of the following apply: (a) if the person is an individual: (i) the person is an undischarged bankrupt; or (ii) there is in operation a composition, deed of arrangement or deed of assignment with the person’s creditors under a law relating to bankruptcy; or (iii) the person has suffered final judgment for a debt and the judgment has not been satisfied; (b) if the person is an incorporated body mentioned in paragraph 15(b) or (c) of the Act—any of the following is appointed under the Corporations Act 2001: (i) a receiver, or receiver and manager, of the property of the person; (ii) an administrator of the person or of a deed of company arrangement executed by the person; (iii) a liquidator of the person; (iv) any other controller of the person; (c) if the person is an incorporated body mentioned in paragraph 15(b) or (c) of the Act—a controller equivalent to any of the controllers mentioned in paragraph (b) of this subsection is appointed, under a law other than the Corporations Act 2001, to the person or the property of the person; (d) if the person is a partnership—a partner in the partnership is under insolvency administration within the meaning of paragraph (a), (b) or (c); (e) if the person is a trust—a trustee of the trust is under insolvency administration within the meaning of paragraph (a), (b) or (c).