sec.40Deciding whether person is fit and proper

sec.40 Deciding whether person is fit and proper

In deciding whether a person is a fit and proper person to be a licensee, the chief executive must have regard to the following matters— whether the person holds or has previously held a retail or wholesale licence; the specific conditions of any retail or wholesale licence held or previously held by the person; whether a retail or wholesale licence held or previously held by the person is or has been suspended or cancelled; whether or not the person has contravened this Act, regardless of whether the person has been convicted of an offence for the contravention; whether or not the person has contravened a corresponding law; whether the person has been convicted of an indictable offence relating to fraud, dishonesty, or tax or customs evasion; if the person is an individual—whether the person— is, or has been, an insolvent under administration under the Corporations Act , section 9 ; or is, or has been, disqualified from managing corporations under the Corporations Act , part 2D .6; if the person is a corporation—whether the corporation is, or has been, placed into administration, receivership or liquidation. Also, in deciding whether a person is a fit and proper person to be a licensee, the chief executive may have regard to— if the licensee is a corporation— whether or not a director of the corporation has contravened this Act, regardless of whether the person has been convicted of an offence for the contravention; and whether or not a director of the corporation has contravened a corresponding law; and any other matter the chief executive considers relevant. However, a liquor licensee is taken to be a fit and proper person to be a licensee for a retail licence (liquor) unless the liquor licence is suspended. s 40 ins 2023 No. 16 s 7 amd 2024 No. 51 s 8 (sec.40-ssec.1) In deciding whether a person is a fit and proper person to be a licensee, the chief executive must have regard to the following matters— whether the person holds or has previously held a retail or wholesale licence; the specific conditions of any retail or wholesale licence held or previously held by the person; whether a retail or wholesale licence held or previously held by the person is or has been suspended or cancelled; whether or not the person has contravened this Act, regardless of whether the person has been convicted of an offence for the contravention; whether or not the person has contravened a corresponding law; whether the person has been convicted of an indictable offence relating to fraud, dishonesty, or tax or customs evasion; if the person is an individual—whether the person— is, or has been, an insolvent under administration under the Corporations Act , section 9 ; or is, or has been, disqualified from managing corporations under the Corporations Act , part 2D .6; if the person is a corporation—whether the corporation is, or has been, placed into administration, receivership or liquidation. (sec.40-ssec.2) Also, in deciding whether a person is a fit and proper person to be a licensee, the chief executive may have regard to— if the licensee is a corporation— whether or not a director of the corporation has contravened this Act, regardless of whether the person has been convicted of an offence for the contravention; and whether or not a director of the corporation has contravened a corresponding law; and any other matter the chief executive considers relevant. (sec.40-ssec.3) However, a liquor licensee is taken to be a fit and proper person to be a licensee for a retail licence (liquor) unless the liquor licence is suspended.