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A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 194E

Fit and proper person considerations

  (1)   The Secretary must have regard to the following matters in determining whether a person is a fit and proper person for the purpose of paragraph   194C(b), (c) or (d) or 194D(c) or (d):

  (a)   any non - compliance by a relevant person with a law of the Commonwealth or a State or Territory;

  (b)   any proceedings currently before a court or tribunal that involve a relevant person;

  (c)   any decision made under a law of the Commonwealth or a State or Territory relating to child care which adversely affects a relevant person;

  (d)   subject to Part   VIIC of the Crimes Act 1914 , any conviction, or finding of guilt, against a relevant person for an offence against a law of the Commonwealth or a State or Territory, including (without limitation) an offence against children, or relating to dishonesty or violence;

  (e)   any order for a relevant person to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a State or Territory;

  (f)   any act of a relevant person involving fraud or dishonesty;

  (h)   the record of administering of Commonwealth, State or Territory funds of a relevant person;

  (i)   any debts to the Commonwealth incurred by a relevant person (whether or not the debt has been discharged);

  (j)   the record of financial management of a relevant person, including any instances of bankruptcy, insolvency or external administration involving the person;

  (k)   any other matter prescribed by the Minister's rules;

  (l)   any other matter the Secretary considers relevant.

  (2)   For the purposes subsection   (1), a relevant person is:

  (a)   the person; and

  (b)   another person or body in respect of which the person is or has ever been a person with management or control.

Note:   See section   194F for the definition of person with management or control .



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