4AMeaning of fit and proper

4A Meaning of fit and proper

[Section 4A Inserted by No. 22 of 2024, s. 5, Applied:08 Nov 2024]

(1)  The Secretary may take into account the following matters when determining, for the purposes of this Act, if a natural person is a fit and proper person:

(a) any conviction of the person for an indictable offence;

(b) any civil penalty (however described) imposed upon the person under a law of the Commonwealth, a State or a Territory;

(c) any revocation or suspension of a licence or permit (however described) held by the person under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs;

(d) the capacity of the person to comply with the conditions of the licence;

(e) the person’s history of compliance with this Act.

(2)  The Secretary may take into account the following matters when determining, for the purposes of this Act, if a body corporate is a fit and proper person:

(a) any conviction of the body corporate for an offence against a law of the Commonwealth, a State or a Territory;

(b) any civil penalty (however described) imposed upon the body corporate under a law of the Commonwealth, a State or a Territory;

(c) if there is such a conviction or imposition of a civil penalty upon the body corporate –

(i) whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any person who is presently a director or officer of the body corporate was such a director or officer; and

(ii) whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any shareholder of the body corporate who is presently in a position to influence the management of the body corporate was such a shareholder;

(d) any revocation or suspension of a licence or permit (however described) held by the body corporate under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs;