89EConsiderations for decisions and declarations—the Act, s 393

89E Considerations for decisions and declarations—the Act, s 393

89E Considerations for decisions and declarations—the Act, s 393

(1) For the Act, section 393(3), a decision-maker may, without limitation, take into consideration, for the purposes of deciding whether a person is a fit and proper person or whether to make a declaration under the Act, section 393, one or more of the matters specified in—

(a) subclause (2), and

(b) if the person is—

(i) an individual—subclause (3), or

(ii) a body corporate—subclause (4).

(2) For subclause (1)(a), the matters relating to a person, whether or not the person is an individual or a body corporate, include the following—

(a) whether the person has compliance or criminal conduct issues,

(b) the person’s record of compliance with relevant legislation, established to the satisfaction of the decision-maker,

(c) whether, in the opinion of the decision-maker, the management of the activities or works that are or are to be authorised, required or regulated under the authorisation are not or will not be in the hands of a technically competent person,

(d) whether, in the opinion of the decision-maker, the person is not of good repute,

(e) whether, in the opinion of the decision-maker, the person is not of good character, with particular regard to honesty and integrity,

(f) whether the person has demonstrated to the decision-maker the financial capacity to comply with the person’s obligations under the authorisation,

(g) whether the person is in partnership, in connection with activities that are subject to an authorisation or a proposed authorisation, with a person who is a declared person under the Act, Part 18, Division 2,

(h) whether the person has an arrangement, formal or informal, in connection with activities that are subject to an authorisation or a proposed authorisation with a person who is a declared person under the Act, Part 18, Division 2, if the decision-maker is satisfied that the arrangement gives the declared person the capacity to determine the outcome of decisions about financial and operating policies concerning those activities.