Australian Capital Territory Consolidated Acts

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DANGEROUS SUBSTANCES ACT 2004 - SECT 49

Working out whether person is a suitable person

    (1)     The director-general must have regard to the following matters in deciding whether a person is a suitable person to be issued with, or continue to hold, a licence:

        (a)     the knowledge, experience and training of the person in relation to the kinds of dangerous substances to which the application relates;

        (b)     whether the person or a close associate of the person, or a corporation of which the person was at the relevant time an executive officer, has supplied information or a document that is false or misleading in a material particular in relation to this Act;

        (c)     whether the person or a close associate of the person, or a corporation of which the person was an executive officer, is disqualified under the Act or a corresponding law from holding a licence;

        (d)     whether the person or a close associate of the person, or a corporation of which the person was at the relevant time an executive officer—

              (i)     has contravened this Act or a corresponding law, whether or not the person, associate or corporation has been convicted or found guilty of an offence for the contravention; or

              (ii)     has failed to comply with a condition of a licence under this Act or a licence or other authority (however described) under a corresponding law, whether or not the person, associate or corporation has been convicted or found guilty of an offence for the failure;

        (e)     any action being taken against the person or a close associate of the person under part 4.4 (Disciplinary action);

        (f)     whether the person or a close associate of the person, or a corporation of which the person was at the relevant time an executive officer, has been convicted or found guilty in the ACT or elsewhere, within the 5-year period before the day the application is made, of an offence involving a dangerous substance;

        (g)     whether the person or a close associate of the person has been convicted or found guilty in the ACT or elsewhere, within the 5-year period before the day the application is made, of an offence involving—

              (i)     a firearm; or

              (ii)     actual or threatened violence; or

              (iii)     fraud or dishonesty;

        (h)     whether the person or a close associate of the person has, within the 5-year period before the day the application is made, been subject to a protection order or corresponding protection order (other than an order that has been revoked or for which an appeal against the making of the order has been upheld);

              (i)     anything prescribed by regulation.

Note 1     For the meaning of found guilty , see the Legislation Act, dict, pt 1.

Note 2     A reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).

    (2)     In this section:

"corresponding protection order" means an order (however described) under a law of the Commonwealth, a State, another Territory or New Zealand that has the same effect or substantially the same effect as a protection order.

"protection order"—see the Domestic Violence and Protection Orders Act 2008 , dictionary, definition of final order .



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