Commonwealth Consolidated Acts

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EXCISE ACT 1901 - SECT 39H

Determining whether a natural person is fit and proper

    The Collector may, in considering whether a natural person is a fit and proper person for the purposes of paragraphs 39G(1)(a), (b), (c) and (f) and (1A)(a), have regard to:

  (a)   whether, within one year before the day of the Collector's consideration, the person has been charged with an offence of the kind referred to in paragraph   39B(a); and

  (b)   whether, within 10 years before the day of the Collector's consideration, the person has been convicted of an offence of the kind referred to in paragraph   39B(b); and

  (ba)   the extent of the person's compliance, within 4 years before the day of the Collector's consideration, with any law administered by the CEO; and

  (bb)   the person's financial resources; and

  (c)   whether the person is an undischarged bankrupt; and

  (d)   whether, within 10 years before the day of the Collector's consideration, the person has:

  (i)   held another licence which has been cancelled; or

  (ia)   held a licence that has been varied to no longer cover one or more premises; or

  (ii)   has participated in the management or control of a company that has had its licence cancelled; or

  (iii)   participated in the management or control of a company that has had its licence varied to no longer cover one or more premises.



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