Commonwealth Consolidated Acts

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EXCISE ACT 1901 - SECT 39B

Determining whether a natural person is fit and proper

                   The Collector may, in considering whether a natural person is a fit and proper person, have regard to:

                     (a)  whether, within one year before the application was made, the person has been charged with:

                              (i)  an offence against a provision of the Excise Acts; or

                             (ii)  an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for a period of one year or longer or by a fine of 50 penalty units or more; and

                     (b)  whether, within 10 years before the application was made, the person was convicted of:

                              (i)  an offence against a provision of the Excise Acts; or

                             (ii)  an offence against a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer or by a fine of 50 penalty units or more; and

                    (ba)  the extent of the person's compliance, within 4 years before the application was made, with any law administered by the CEO; and

                     (c)  whether the person has:

                              (i)  held a licence which has been cancelled; or

                             (ii)  participated in the management or control of a company that has had its licence cancelled; and

                    (ca)  the person's financial resources; and

                     (d)  whether the person is an undischarged bankrupt; and

                     (e)  if the person is the applicant--any misleading statement made in the application by the person; and

                      (f)  if the person is the applicant and any statement by the person in the application was false--whether the person knew that the statement was false.



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