5Fit and proper person

5 Fit and proper person

5 Fit and proper person

(1) A corporation is not a fit and proper person to hold a poppy licence or poppy permit if—

(a) the corporation has, in the previous 10 years, been convicted of a serious offence, whether committed under the law of New South Wales or the law of another jurisdiction, or

(b) the corporation is being wound up or is under official management or in receivership, or

(c) a director of the corporation would not, if the director were the applicant, be a fit and proper person to hold the poppy licence or poppy permit.

(2) An individual is not a fit and proper person to hold a poppy licence or poppy permit if the person—

(a) has, in the previous 10 years, been convicted of a serious offence, whether committed under the law of New South Wales or the law of another jurisdiction, or

(b) is, or has been within the last 5 years, an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth, or

(c) has, within the last 5 years, been a director of a corporation that has been wound up for the benefit of creditors—

(i) when the corporation was being wound up, or

(ii) within 6 months before the commencement of the winding up, or

(d) is, or has been within the last 5 years, disqualified from managing corporations under Part 2D.6 of Chapter 2D of the Corporations Act 2001 of the Commonwealth.

(3) In assessing whether a person is a fit and proper person to hold a poppy licence or poppy permit, the Secretary may have regard to—

(a) the character, reputation and financial background of the person and the person’s close associates, and

(b) for a corporation—its corporate structure.

(4) For the purposes of this section, 2 persons are close associates if—

(a) one is a spouse, de facto partner, parent, child, brother or sister of the other, or

(b) they live in the same household, or