90Entry criteria

90 Entry criteria

90 Entry criteria

(1) The entry criteria in relation to an application are as follows—

(a) the organisational and technical capacity criterion—the applicant must have the necessary organisational and technical capacity to meet the obligations of a retailer;

(b) the financial resources criterion—the applicant must have resources or access to resources so that it will have the financial viability and financial capacity to meet the obligations of a retailer;

(c) the suitability criterion—the applicant must be a suitable person to hold a retailer authorisation.

(2) The applicant must, in accordance with the AER Retailer Authorisation Guidelines, provide such information to the AER as will demonstrate to the AER that the applicant satisfies the entry criteria.

(3) The information must be provided in or with the application or, at the request of or with the concurrence of the AER, by way of supplementary advice.

(4) In considering the suitability criterion in relation to the application, the AER may take into consideration such matters as it thinks relevant, including, for example—

(a) previous commercial dealings of the applicant and its associates; and

(b) the standard of honesty and integrity shown in previous commercial dealings of the applicant and its associates.

(5) In this section—

associate, in relation to a person, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13, 16(2) and 17 did not form part of that Act.