Commonwealth Consolidated Acts

EXCISE ACT 1901 - SECT 39C

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

                     (a)  whether, within one year before the application was made, the company 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 a fine of 50 penalty units or more; and

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

                              (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 a fine of 50 penalty units or more; and

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

                     (c)  whether the company has held a licence that has been cancelled; and

                    (ca)  the company's financial resources; and

                     (d)  whether a receiver of the property, or part of the property, of the company has been appointed; and

                     (e)  whether the company is under administration within the meaning of the Corporations Act 2001 ; and

                      (f)  whether the company has executed under Part 5.3A of that Law a deed of company arrangement that has not yet terminated; and

                     (h)  whether the company is being wound up.