22Fit and proper person

22 Fit and proper person

A person is a fit and proper person, at a particular time, unless any of the following apply to the person at that time—

(a) within the preceding 10 years, the person or a body corporate of which the person was an officer, has been found guilty of—

(i) an indictable offence against the person, or an offence involving fraud, dishonesty or drug trafficking that was punishable by a term of imprisonment of 3 months or more at the time the person was found guilty; or

(ii) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i);

(b) within the preceding 5 years, the person or a body corporate of which the person was an officer, has—

(i) been found by a court, tribunal or regulator to have contravened a workplace law, a labour hire industry law or a minimum accommodation standard; or

(ii) given an enforceable undertaking (however described) in respect of an alleged contravention of a workplace law, a labour hire industry law or a minimum accommodation standard;

(c) within the preceding 5 years, a licence under a labour hire industry law held by the person, or a body corporate of which the person was an officer, was cancelled, suspended or revoked other than on the initiative of the licence holder;

(d) within the preceding 5 years, the person,
or a body corporate of which the person was an officer, was insolvent or was an externally administered company under the Corporations Act;

(e) in the case of an applicant that is a body corporate, within the preceding 5 years, an officer of the body corporate was an officer of another body corporate whose licence was cancelled, other than at the initiative of the holder of the licence under section 41;

(f) within the preceding 5 years, the applicant was an officer of a body corporate and was disqualified from managing corporations within the meaning of Part 2D.6 of the Corporations Act;

(g) any other prescribed circumstances.