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]

(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);