sec.35Suitability of person to hold licence

### sec.35 Suitability of person to hold licence In deciding whether a person is a suitable person to hold a licence, the local government may have regard to the following matters— whether the person, or if the person is a corporation, an executive officer of the corporation, has a conviction for a relevant offence, other than a spent conviction; whether the person, or if the person is a corporation, an executive officer of the corporation— held a licence under this division, or a licence or registration under a corresponding law, that was suspended or cancelled; or has been refused a licence under this division or a licence or registration under a corresponding law; or has had an application for the registration of an establishment refused under the Health Regulation 1996 , part 15 ; or has had the registration of an establishment suspended or cancelled under the Health Regulation 1996 , part 15 ; anything else relevant to the person’s ability to conduct a business providing higher risk personal appearance services in a way that minimises infection risks. In this section— corresponding law means a law applying, or that applied, in another State, the Commonwealth or a foreign country that provides, or provided for the same matter as this Act or a provision of this Act. Health Regulation 1996, part 15 means the Health Regulation 1996 , part 15 as in force before the commencement of this Act. relevant offence means— an indictable offence, other than an indictable offence that is taken to be a simple offence under the Criminal Code , section 659 ; or an offence against this Act; or an offence against a corresponding law; or an offence against— the Medicines and Poisons Act 2019 ; or the repealed Health Act 1937 ; or a law of another State or the Commonwealth that provides for the same or similar matters as the Act mentioned in subparagraph (i) ; or an offence, relating to the provision of higher risk personal appearance services, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country. s 35 amd 2019 No. 26 s 290 sch 2 (sec.35-ssec.1) In deciding whether a person is a suitable person to hold a licence, the local government may have regard to the following matters— whether the person, or if the person is a corporation, an executive officer of the corporation, has a conviction for a relevant offence, other than a spent conviction; whether the person, or if the person is a corporation, an executive officer of the corporation— held a licence under this division, or a licence or registration under a corresponding law, that was suspended or cancelled; or has been refused a licence under this division or a licence or registration under a corresponding law; or has had an application for the registration of an establishment refused under the Health Regulation 1996 , part 15 ; or has had the registration of an establishment suspended or cancelled under the Health Regulation 1996 , part 15 ; anything else relevant to the person’s ability to conduct a business providing higher risk personal appearance services in a way that minimises infection risks. (sec.35-ssec.2) In this section— corresponding law means a law applying, or that applied, in another State, the Commonwealth or a foreign country that provides, or provided for the same matter as this Act or a provision of this Act. Health Regulation 1996, part 15 means the Health Regulation 1996 , part 15 as in force before the commencement of this Act. relevant offence means— an indictable offence, other than an indictable offence that is taken to be a simple offence under the Criminal Code , section 659 ; or an offence against this Act; or an offence against a corresponding law; or an offence against— the Medicines and Poisons Act 2019 ; or the repealed Health Act 1937 ; or a law of another State or the Commonwealth that provides for the same or similar matters as the Act mentioned in subparagraph (i) ; or an offence, relating to the provision of higher risk personal appearance services, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country. - (a) whether the person, or if the person is a corporation, an executive officer of the corporation, has a conviction for a relevant offence, other than a spent conviction; - (b) whether the person, or if the person is a corporation, an executive officer of the corporation— (i) held a licence under this division, or a licence or registration under a corresponding law, that was suspended or cancelled; or (ii) has been refused a licence under this division or a licence or registration under a corresponding law; or (iii) has had an application for the registration of an establishment refused under the Health Regulation 1996 , part 15 ; or (iv) has had the registration of an establishment suspended or cancelled under the Health Regulation 1996 , part 15 ; - (i) held a licence under this division, or a licence or registration under a corresponding law, that was suspended or cancelled; or - (ii) has been refused a licence under this division or a licence or registration under a corresponding law; or - (iii) has had an application for the registration of an establishment refused under the Health Regulation 1996 , part 15 ; or - (iv) has had the registration of an establishment suspended or cancelled under the Health Regulation 1996 , part 15 ; - (c) anything else relevant to the person’s ability to conduct a business providing higher risk personal appearance services in a way that minimises infection risks. - (i) held a licence under this division, or a licence or registration under a corresponding law, that was suspended or cancelled; or - (ii) has been refused a licence under this division or a licence or registration under a corresponding law; or - (iii) has had an application for the registration of an establishment refused under the Health Regulation 1996 , part 15 ; or - (iv) has had the registration of an establishment suspended or cancelled under the Health Regulation 1996 , part 15 ; - (a) an indictable offence, other than an indictable offence that is taken to be a simple offence under the Criminal Code , section 659 ; or - (b) an offence against this Act; or - (c) an offence against a corresponding law; or - (d) an offence against— (i) the Medicines and Poisons Act 2019 ; or (ii) the repealed Health Act 1937 ; or (iii) a law of another State or the Commonwealth that provides for the same or similar matters as the Act mentioned in subparagraph (i) ; or - (i) the Medicines and Poisons Act 2019 ; or - (ii) the repealed Health Act 1937 ; or - (iii) a law of another State or the Commonwealth that provides for the same or similar matters as the Act mentioned in subparagraph (i) ; or - (e) an offence, relating to the provision of higher risk personal appearance services, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country. - (i) the Medicines and Poisons Act 2019 ; or - (ii) the repealed Health Act 1937 ; or - (iii) a law of another State or the Commonwealth that provides for the same or similar matters as the Act mentioned in subparagraph (i) ; or