MEAT INDUSTRY ACT 1993 - SECT 16 Fit and proper person—operator and applicant

MEAT INDUSTRY ACT 1993 - SECT 16

    (1)     This section does not limit the circumstances in which a person may be considered not to be a fit and proper person to be nominated as, or to be an operator or to be granted a licence.

    (2)     For the purposes of this Act, a person must be taken not to be a fit and proper person to be an operator or to be granted a licence if—

        (a)     the person, or an associate of the person is not of good repute having regard to character, honesty and integrity; or

        (b)     the person, or an associate of the person has a business association with a person, body or association who or which is not of good repute having regard to character, honesty and integrity; or

        (c)     a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the person's business as a meat processing facility operator is not a suitable person to act in that capacity.

    (3)     For the purposes of this section a person ( the associate ) is the associate of another person ( the principal ) if the associate—

        (a)     holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person), in the principal's business as a meat processing facility operator, and by virtue of that interest or power is able or would be able to exercise significant influence over or with respect to the management or operation of that business; or

        (b)     holds or will hold any relevant position, whether in right of the associate or on behalf of any other person, in the principal's business as a meat processing facility operator; or

        (c)     is a relative of the principal; or

        (d)     is an agent of the principal.

    (4)     In subsection (3)—

S. 16(4) def. of relative amended by No. 72/2001 s. 3(Sch. item 10.3).

relative means spouse or domestic partner, parent, child, or sibling (whether of the full or half blood);

"relevant financial interest" in relation to a business means—

        (a)     any share in the capital of the business; or

        (b)     any entitlement to receive any income derived from the business; or

        (c)     any entitlement to receive any payment as a result of money advanced;

relevant position in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated;

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

        (a)     to participate in any directorial, managerial or executive decision; or

        (b)     to elect or appoint any person to any relevant position.