Australian Capital Territory Numbered Acts

GENE TECHNOLOGY ACT 2003 (NO. 57 OF 2003) - SECT 58

    (1)     Without limiting the matters to which the regulator may have regard in deciding whether an individual is a suitable person to hold a licence, the regulator must have regard to—

        (a)     any relevant conviction of the individual; and

        (b)     any revocation or suspension of a licence or permit (however described) held by the individual under a law of the Territory, the Commonwealth, a State or a foreign country about the health and safety of people or the environment; and

        (c)     the capacity of the individual to meet the conditions of the licence.

    (2)     Without limiting the matters to which the regulator may have regard in deciding whether a corporation is a suitable person to hold a licence, the regulator must have regard to—

        (a)     any relevant conviction of the corporation; and

        (b)     if there is a relevant conviction of the corporation—

              (i)     whether the offence concerned was committed when anyone who is presently a director of the corporation was a director; and

              (ii)     whether that offence was committed when any officer or shareholder of the corporation who is presently in a position to influence the management of the corporation was an officer or shareholder of the corporation; and

        (c)     any revocation or suspension of a licence or permit (however described) held by the corporation under a law of the Territory, the Commonwealth, a State or a foreign country about the health and safety of people or the environment; and

        (d)     the capacity of the corporation to meet the conditions of the licence.

    (3)     This section does not affect the Spent Convictions Act 2000 .

    (4)     In this section:

"relevant conviction", for an applicant for a licence, means a conviction for an offence against a law of the Territory, the Commonwealth, a State or a foreign country, about the health and safety of people or the environment, if—

        (a)     the offence was committed within 10 years immediately before the making of the application for the licence; and

        (b)     the offence was punishable by a fine of $5 000 or more, or by imprisonment for 1 year or more.

Note     This section differs from the Commonwealth Act, s 58.