TASIn ForceAct
Security-sensitive Dangerous Substances Act 2005
13Applications not to be approved unless applicants are fit and proper persons
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### 13 Applications not to be approved unless applicants are fit and proper persons
> > (1) [*\[Section 13 Subsection (1) amended by No. 2 of 2012, s. 60, Applied:01 Jan 2013\]*](/view/html/inforce/2013-01-01/act-2012-002#GS60@Hpa@EN) The regulator must not approve an application for an SSDS permit unless he or she is satisfied that the applicant is a fit and proper person to be issued with the permit.
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> > (2) [*\[Section 13 Subsection (2) amended by No. 2 of 2012, s. 60, Applied:01 Jan 2013\]*](/view/html/inforce/2013-01-01/act-2012-002#GS60@Hpb@EN) For the purposes of [subsection (1)](#GS13@Gs1@EN) , the regulator must have regard to at least the following matters:
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> > > > (a) the applicant's qualifications in relation to security-sensitive dangerous substances or dangerous substances generally;
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> > > > (b) if applicable, the applicant's mental fitness;
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> > > > (c) the applicant's conduct as regards any other SSDS permit or any similar form of regulatory authority, either in this State or elsewhere;
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> > > > (d) whether the applicant or a close associate or related body corporate of the applicant has given false or misleading information in or in connection with an application or nomination or about another matter under this Act;
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> > > > (e) whether the applicant or a close associate or related body corporate of the applicant has ever contravened this Act, a related law of the State or a corresponding Australian law;
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> > > > (f) whether the applicant or a close associate or related body corporate of the applicant has, in this State or elsewhere, been convicted of an offence involving an SSDS or another dangerous substance;
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> > > > (g) whether the applicant, or a close associate of the applicant, has been convicted of a terrorism offence;
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> > > > (h) whether the applicant or a close associate of the applicant has, in this State or elsewhere, been convicted of an offence involving –
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> > > > > > (i) violence or weapons; or
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> > > > > > (ii) dishonesty; or
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> > > > > > (iii) the obstruction or intimidation of persons exercising statutory powers or functions;
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> > > > (i) [*\[Section 13 Subsection (2) amended by No. 20 of 2008, s. 7, Applied:30 Mar 2009\]*](/view/html/inforce/2009-03-30/act-2008-020#GS7@EN) whether the applicant is or has ever been subject to a restrictive personal order;
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> > > > (j) [*\[Section 13 Subsection (2) amended by No. 20 of 2008, s. 7, Applied:30 Mar 2009\]*](/view/html/inforce/2009-03-30/act-2008-020#GS7@EN) any prescribed matter.
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> > (3) [*\[Section 13 Subsection (3) amended by No. 2 of 2012, s. 60, Applied:01 Jan 2013\]*](/view/html/inforce/2013-01-01/act-2012-002#GS60@Hpc@EN) For the purposes of [subsection (2)](#GS13@Gs2@EN) , the regulator is not required to have regard to the activities of an applicant's close associate under that subsection if that close associate is a prescribed person or a person of a prescribed class.
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> > (4) In this section –
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> > > ***related body corporate***, of an applicant, means a body corporate that the applicant is or has been an officer of.