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Contents (1999 - 80)
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Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 24 April 2017 at 19:24)
Part 1 Section 5B
5B   Fit and proper persons
(1)  In determining, for the purposes of this Act, whether a person is a fit and proper person to hold a licence, the Authority may take into consideration any one or more of the following:
(a)  whether the person (or any director of the person in the case of a body corporate) has contravened relevant legislation, or has held a regulatory authorisation that has been suspended or cancelled under relevant legislation,
(b)  whether, if the person is a body corporate, a director of the body corporate is or has been the director of another body corporate that has contravened relevant legislation, or has held a regulatory authorisation that has been suspended or cancelled under relevant legislation,
(c)  the record of compliance with relevant legislation of the person (and each director of the person in the case of a body corporate),
(d)  whether, in the opinion of the Authority, any dealings of the person with pesticides under a licence will or will not be in the hands of a technically competent person,
(e)  whether, in the opinion of the Authority, the person (and each director of the person in the case of a body corporate) is of good repute, having regard to character, honesty and integrity,
(f)  whether the person (or any director of the person in the case of a body corporate), in the previous 10 years, has in this or any other Australian jurisdiction been convicted of an offence involving fraud, dishonesty or other behaviour that the Authority considers would render the person unfit to hold a licence,
(g)  whether the person, during the previous 3 years, was an undischarged bankrupt or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit,
(h)  if the person is an individual, whether he or she is or was a director of a body corporate that is the subject of a winding up order or for which a controller or administrator has been appointed during the previous 3 years,
(i)  if the person is a body corporate, whether the body corporate is the subject of a winding up order or has had a controller or administrator appointed during the previous 3 years,
(j)  whether the person has demonstrated to the Authority the financial capacity to comply with the person’s obligations under the licence or the proposed licence,
(k)  whether the person is in partnership with a person, whom the Authority does not consider to be a fit and proper person under this section, in connection with dealings with pesticides authorised (or sought to be authorised) by a licence,
(l)  any other ground that the Authority considers appropriate.
(2)  In this section:
cancelled includes revoked.
director of a body corporate includes a person involved in the management of the affairs of the body corporate.
regulatory authorisation, in relation to relevant legislation, means any licence, permit, consent, approval or other authority under the legislation.