3BMatters to be taken into account in deciding whether a body corporate is a fit and proper person

### 3B Matters to be taken into account in deciding whether a body corporate is a fit and proper person > [*\[Section 3B Inserted by No. 40 of 2016, s. 5, Applied:17 Oct 2016\]*](/view/html/inforce/2016-10-17/act-2016-040#GS5@EN) > > > (1)  Without limiting the matters to which the responsible licensing authority may have regard in deciding whether a body corporate is a fit and proper person to hold a licence, the responsible licensing authority may have regard to the following: > > > > > > (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; > > > > > > > (e) whether a person who is, or is to be, the responsible officer in relation to the licence is a fit and proper person; > > > > > > > (f) whether – > > > > > > > > > > (i) each director of the corporation is a fit and proper person; or > > > > > > > > > > > (ii) more than 10% of the corporation is owned by a person who is not a fit and proper person; > > > > > > > (g) the connections and associations that the body corporate, and its directors and officers, have with other persons (including but not limited to relatives of such directors and officers); > > > > > > > (h) the previous business experience of the directors and officers of the body corporate, and of the shareholders of the body corporate who are presently in a position to influence the management of the body corporate; > > > > > > > (i) whether the body corporate has a sound and stable financial background or is in financial circumstances that may significantly limit the capacity of the body corporate to comply with its obligations under a licence; > > > > > > > (j) the capacity of the body corporate to meet the conditions of the licence; > > > > > > > (k) whether the directors and officers of the body corporate are of good repute, having regard to matters going to their character, honesty and professional and personal integrity; > > > > > > > (l) the body corporate’s history of compliance with this Act. > > > (2)  [Subsection (1)(g)](#GS3B@Gs1@Hpg@EN) , [(h)](#GS3B@Gs1@Hph@EN) , [(i)](#GS3B@Gs1@Hpi@EN) and [(k)](#GS3B@Gs1@Hpk@EN) does not apply in relation to a poppy research licence or a poppy grower's licence.