Commonwealth Consolidated Acts

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EXCISE ACT 1901 - SECT 39H

Determining whether a natural person is fit and proper

                   The Collector may, in considering whether a natural person is a fit and proper person for the purposes of paragraphs 39G(1)(a), (b), (c), (d) and (f), have regard to:

                     (a)  whether, within one year before the day of the Collector's consideration, the person has been charged with an offence of the kind referred to in paragraph 39B(a); and

                     (b)  whether, within 10 years before the day of the Collector's consideration, the person has been convicted of an offence of the kind referred to in paragraph 39B(b); and

                    (ba)  the extent of the person's compliance, within 4 years before the day of the Collector's consideration, with any law administered by the CEO; and

                    (bb)  the person's financial resources; and

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

                     (d)  whether, within 10 years before the day of the Collector's consideration, the person has:

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

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



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