Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) The Director shall consider an application made under section 8 and may, subject to this Act:
(a) refuse it;
(b) accept it; or
(c) allow the applicant to amend it, and accept it as amended.
(2) For the purposes of subsection (1), the Director may require an applicant to provide such further information as the Director may require.
(3) The Director shall not accredit, or renew the accreditation of, a person who:
(a) is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with the person's creditors or made an assignment of the person's remuneration for the benefit of the person's creditors;
(b) has been convicted of a disqualifying offence; or
(c) is otherwise considered by the Director not a fit and proper person to hold, or continue to hold, an accreditation.
(3A) Subsection (3)(b):
(a) applies regardless of when the offence was committed; but
(b) does not apply if:
(i) the person's criminal record for the conviction is a spent record within the meaning of the Criminal Records (Spent Convictions) Act ; or
(ii) the person was discharged without any penalty being imposed for the conviction.
(3B) Subsection (3)(b) does not apply to the renewal of a person's accreditation in relation to the person's conviction of a disqualifying offence if:
(a) the Chief Executive Officer has
previously decided under
this Act the person may hold, or continue to hold,
the accreditation despite the conviction; or
(b) the Local Court has, after the commencement of this subsection, decided under this Act the person may hold, or continue to hold, the accreditation despite the conviction.
(3C) The Director must have regard to the following in considering whether the person is fit and proper for subsection (3)(c):
(a) whether or not the person has shown a pattern of committing offences;
(b) any other circumstances concerning the person that the Director considers relevant.
(4) The Director shall not accredit, or renew the accreditation of, a body corporate:
(a) unless the body corporate is authorised by its constitution, objects, purposes or rules to carry on the business associated with the accreditation;
(b) unless each of the director and manager (including a person conducting the business associated with the accreditation on behalf of the body corporate) would, whether initially or during a period of accreditation, be entitled as an individual, to be accredited; or
(c) in respect of which a liquidator, receiver, receiver and manager or official manager has been appointed under the Corporations Act 2001 unless in the particular circumstances it would, in the opinion of the Director, be inequitable not to accredit or renew the accreditation.
(5) The Director must give written notice of a decision under this section to the applicant for the accreditation or renewal of accreditation.