Commonwealth Consolidated Acts

ACIS ADMINISTRATION ACT 1999 - SECT 29

             (1)  In determining whether, in relation to an application for registration to which paragraph 26(2)(d) or (f) applies, a natural person making the application or otherwise referred to in that paragraph is a fit and proper person, the Secretary must have regard to the following matters:

                     (a)  any conviction of the person of an offence punishable by imprisonment for one year or longer:

                              (i)  against a law of the Commonwealth; or

                             (ii)  against a law of a State or of a Territory;

                            if that offence was committed within the 10 years immediately before the application for registration under ACIS;

                    (aa)  any conviction of the person of an offence against the law of a foreign country;

                     (b)  whether the person is an insolvent under administration;

                     (c)  whether a misleading statement was made by or in relation to the person in the application for registration;

                     (d)  if the misleading statement was false, whether the person making the statement knew that it was false.

             (2)  In determining whether, in relation to an application for registration to which paragraph 26(2)(e) relates, the company making the application is a fit and proper person, the Secretary must have regard to the following matters:

                     (a)  any conviction of the company for an offence punishable by a fine of $5,000 or more:

                              (i)  against a law of the Commonwealth; or

                             (ii)  against a law of a State or of a Territory;

                    (aa)  any conviction of the company of an offence against the law of a foreign country;

                     (b)  if that offence was committed within the 10 years immediately before the application for registration under ACIS and at a time when any person who is presently a director of the company, or an officer or shareholder of the company who presently is in a position to influence the management of the company, was such a director, officer or shareholder;

                     (d)  whether the company is under administration within the meaning of the Corporations Act 2001 ;

                     (e)  whether the company has executed a deed of company arrangement under Part 5.3A of that Act that has not yet terminated;

                      (f)  the company is being wound up;

                     (g)  whether a receiver of the property, or part of the property, of the company has been appointed.

             (3)  Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).