Northern Territory Consolidated Acts

COMMERCIAL AND PRIVATE AGENTS LICENSING ACT - SECT 12

(1) The Commissioner must refuse to grant a licence on an application made by a corporation if -

(a) a person concerned in the management of the corporation is less than 18 years of age;

(b) the applicant is disqualified under section 17P from holding a licence;

(c) the applicant fails to comply with a request of the Commissioner under section 8;

(d) the applicant does not comply with the prescribed qualifications or other prescribed requirements, if any;

(e) in the opinion of the Commissioner, the applicant is not likely to carry on the business as agent the subject of the application honestly and fairly;

(f) in the opinion of the Commissioner, the reputation of the applicant is such that the applicant is not a fit and proper person to hold a licence;

(g) in the opinion of the Commissioner, an officer of the applicant is not of good reputation or character and, if he or she were the applicant, would not be a fit and proper person to hold a licence;

(h) in the opinion of the Commissioner, any person (other than an officer of the corporation) who appears to have control or substantial control of the applicant is not of good reputation or character or is not likely to exercise that control honestly and fairly; or

(j) in the opinion of the Commissioner, a person with whom it appears the applicant would, if granted the licence, carry on business as an agent in partnership is a person to whom the Commissioner would, if that person were the applicant, refuse to grant the licence.

(2) Without limiting subsection (1)(e), (f), (g) or (h), in determining any matter referred to in those paragraphs, the Commissioner must have regard to whether the applicant, any other person referred to in those paragraphs or a person who is an associate of the applicant -

(a) has, during the period of 10 years immediately preceding the date the applicant made the application, been found guilty of or served a part of a term of imprisonment for an offence (wherever committed) involving fraud, dishonesty or physical violence;

(b) was, at the time the application was made, either the subject of a charge in relation to such an offence or bound in relation to such an offence by a recognisance; or

(c) has at any time been found guilty of an offence against this Act, the Regulations or any other enactment administered by the Minister.

(3) In subsection (2), "associate" has the same meaning as in Division 2 of Part 1.2 of the Corporations Act 2001.