5BFit and proper persons

#### 5B Fit and proper persons 5B Fit and proper persons > > (1) In determining whether a person is a fit and proper person to hold a licence, the Authority may take into consideration any or all of the following— > > > > > (a) whether the person has— > > > > > > > (i) contravened relevant legislation, or > > > > > > > (ii) held a regulatory authorisation that has been suspended or cancelled under relevant legislation, > > > > > (b) if the person is a corporation—whether a director or former director of the corporation or a related body corporate has— > > > > > > > (i) contravened relevant legislation, or > > > > > > > (ii) held a regulatory authorisation that has been suspended or cancelled under relevant legislation, > > > > > (c) if the person is a corporation—whether a director or former director of the corporation or a related body corporate is or has been the director of another corporation that has— > > > > > > > (i) contravened relevant legislation, or > > > > > > > (ii) held a regulatory authorisation that has been suspended or cancelled under relevant legislation, > > > > > (d) the person’s record of compliance with relevant legislation, > > > > > (e) if the person is a corporation—the record of compliance with relevant legislation of each director or former director of the corporation or a related body corporate, > > > > > (f) whether, in the Authority’s opinion, any dealings of the person with pesticides under a licence will or will not be in the hands of a technically competent person, > > > > > (g) whether, in the Authority’s opinion, the person is of good repute, having regard to character, honesty and integrity, > > > > > (h) if the person is a corporation—whether, in the Authority’s opinion, each director and former director of the corporation or a related body corporate is of good repute, having regard to character, honesty and integrity, > > > > > (i) whether, in the previous 10 years, the person has, in this jurisdiction or another Australian jurisdiction, been convicted of an offence involving fraud, dishonesty or other behaviour the Authority considers would make the person unfit to hold a licence, > > > > > (j) if the person is a corporation—whether, in the previous 10 years, a director and former director of the corporation or a related body corporate has, in this jurisdiction or another Australian jurisdiction, been convicted of an offence involving fraud, dishonesty or other behaviour the Authority considers would make the person unfit to hold a licence, > > > > > (k) whether, during the previous 3 years, the person was personally insolvent, > > > > > (l) if the person is a corporation—whether, during the previous 3 years, a director or former director of the corporation was personally insolvent, > > > > > (m) if the person is a corporation—whether the person or a related body corporate applied to take the benefit of a law for the relief of insolvent debtors or compounded with the person’s or body corporate’s creditors, > > > > > (n) for an individual—whether the person is or was a director of a corporation that— > > > > > > > (i) is the subject of a winding up order, or > > > > > > > (ii) has had a controller or administrator appointed during the previous 3 years, > > > > > (o) for a corporation—whether the corporation or a related body corporate— > > > > > > > (i) is the subject of a winding up order, or > > > > > > > (ii) has had a controller or administrator appointed during the previous 3 years, > > > > > (p) whether the person has demonstrated to the Authority the financial capacity to comply with the person’s obligations under the licence or the proposed licence, > > > > > (q) whether the person is in partnership with a person whom the Authority does not consider to be a fit and proper person under this section, in connection with dealings with pesticides authorised, or sought to be authorised, by a licence, > > > > > (r) if the person is a corporation—whether a related body corporate is in partnership with a person whom the Authority does not consider to be a fit and proper person under this section, in connection with dealings with pesticides authorised, or sought to be authorised, by a licence, > > > > > (s) another ground the Authority considers appropriate. > > > (2) In this section— > > > > cancelled includes revoked. > > > > director of a body corporate includes a person involved in the management of the affairs of the body corporate. > > > > regulatory authorisation, in relation to relevant legislation, means any licence, permit, consent, approval or other authority under the legislation. > > **s 5B:** Ins 2015 No 3, Sch 1.1 \[5\]. Am 2024 No 20, Sch 4\[2\].