NARCOTIC DRUGS ACT 1967 - SECT 8B Matters to be taken into account in deciding whether a body corporate is a fit and proper person

NARCOTIC DRUGS ACT 1967 - SECT 8B

    Without limiting the matters to which the Secretary may have regard in deciding whether a body corporate is a fit and proper person to hold a licence, or to be associated with the holder of a licence, the Secretary may have regard to the following:

  (a)   any conviction of the body corporate for an offence against a law of the Commonwealth, a State or a Territory;

  (b)   any civil penalty (however described) imposed upon the body corporate under a law of the Commonwealth, a State or a Territory;

  (c)   if there is such a conviction or imposition of a civil penalty upon the body corporate:

  (i)   whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any person who is presently a director or officer of the body corporate was a director or officer; and

  (ii)   whether the offence concerned was committed, or the conduct to which the civil penalty relates occurred, at a time when any shareholder of the body corporate who is presently in a position to influence the management of the body corporate was such a shareholder;

  (d)   any revocation or suspension of a licence or permit (however described) held by the body corporate under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs;

  (e)   the connections and associations that the body corporate, and its directors and officers, have with other persons (including but not limited to relatives of such directors and officers);

  (f)   the previous business experience of the directors and officers of the body corporate, and of the shareholders of the body corporate who are presently in a position to influence the management of the body corporate;

  (g)   whether the body corporate has a sound and stable financial background or is in financial circumstances that may significantly limit the capacity of the body corporate to comply with its obligations under a licence;

  (h)   the capacity of the body corporate to meet the conditions of the licence;

  (i)   whether the directors and officers of the body corporate are of good repute, having regard to matters going to their character, honesty and professional and personal integrity;

  (j)   the body corporate's history of compliance with this Act.

Note:   The Secretary must refuse to grant a licence to a person if the Secretary is not satisfied on reasonable grounds that the person and his or her business associates are fit and proper, and must revoke the licence if satisfied on reasonable grounds that they are not fit and proper.