58Matters to be taken into account in deciding whether a person is suitable to hold a licence

#### 58 Matters to be taken into account in deciding whether a person is suitable to hold a licence (1) Without limiting the matters to which the Regulator may have regard in deciding whether a natural person is a suitable person to hold a licence, the Regulator must have regard to: (a) any relevant conviction of the person; and (b) any revocation or suspension of a licence or permit (however described) held by the person under a law of the Commonwealth, a State or a foreign country, being a law relating to the health and safety of people or the environment; and (c) the capacity of the person to meet the conditions of the licence. (2) Without limiting the matters to which the Regulator may have regard in deciding whether a body corporate is a suitable person to hold a licence, the Regulator must have regard to the following: (a) any relevant conviction of the body corporate; and (b) if there is a relevant conviction of the body corporate: (i) whether the offence concerned was committed at a time when any person who is presently a director of the body corporate was a director; and (ii) whether that offence was committed at a time when any officer or shareholder of the body corporate who is presently in a position to influence the management of the body corporate was such an officer or shareholder; and (c) any revocation or suspension of a licence or permit (however described) held by the body corporate under a law of the Commonwealth, a State or a foreign country, being a law relating to the health and safety of people or the environment; and (d) the capacity of the body corporate to meet the conditions of the licence. (3) In this section: > relevant conviction means a conviction for an offence against a law of the Commonwealth, a State or a foreign country, being a law relating to the health and safety of people or the environment, if: (a) the offence was committed within the period of 10 years immediately before the making of the application for the licence; and (b) the offence was punishable on conviction by a fine of $5,000 or more, or by a term of imprisonment of one year or more. (4) 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).