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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 40 Deciding whether person is fit and proper

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 40

Deciding whether person is fit and proper

40 Deciding whether person is fit and proper

(1) In deciding whether a person is a fit and proper person to be a licensee, the chief executive must have regard to the following matters—
(a) whether the person holds or has previously held a retail or wholesale licence;
(b) the specific conditions of any retail or wholesale licence held or previously held by the person;
(c) whether a retail or wholesale licence held or previously held by the person is or has been suspended or cancelled;
(d) whether or not the person has contravened this Act, regardless of whether the person has been convicted of an offence for the contravention;
(e) whether or not the person has contravened a law of the Commonwealth or a State that regulates the supply of smoking products or any substance used in smoking products;
(f) whether the person has been convicted of an indictable offence relating to fraud, dishonesty, or tax or customs evasion;
(g) if the person is an individual—whether the person—
(i) is, or has been, an insolvent under administration under the Corporations Act , section 9 ; or
(ii) is, or has been, disqualified from managing corporations under the Corporations Act , part 2D .6;
(h) if the person is a corporation—whether the corporation is, or has been, placed into administration, receivership or liquidation.
(2) Also, in deciding whether a person is a fit and proper person to be a licensee, the chief executive may have regard to—
(a) if the licensee is a corporation—
(i) whether or not a director of the corporation has contravened this Act, regardless of whether the person has been convicted of an offence for the contravention; and
(ii) whether or not a director of the corporation has contravened a law of the Commonwealth or a State that regulates the supply of smoking products or any substance used in smoking products; and
(b) any other matter the chief executive considers relevant.
(3) However, a liquor licensee is taken to be a fit and proper person to be a licensee for a retail licence (liquor) unless the liquor licence is suspended.