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Section 16: How Your Registration Application is Reviewed

16.Consideration of application for registration

(1)Where an application for registration is made to the Minister under this Act, the Minister shall forward the application to the Department to conduct inquiries into the suitability of the application and the applicant.

(2)The Department shall, within fourteen days from the date the application is received by the Department under subsection (1), conduct inquires to ascertain the suitability of the application and the applicant, and make a recommendation to the Minister.

(3) The Department may conduct the following inquiries to ascertain the suitability of the application and the applicant—

(a)the identity or character of the applicant, in the case of an individual, or the directors and principal officers, in the case of a company or other legal entity;

(b)in the case of an applicant who is—

(i)an individual, whether the applicant has been convicted of an offence and sentenced to a term of imprisonment without the option of payment of a fine; or

(ii)a company or any other legal entity, whether a director of the applicant has been convicted of an offence which renders him or her incapable of being appointed director in accordance with the applicable law;

(c)whether the applicant is not insolvent or bankrupt;

(d) whether the applicant has adequate facilities for handling the activities of a foreigner; and

(e)any other matter as the Department may consider reasonable.

(4) The Department may, in the process of conducting the inquiries under subsection (3), require any person, department or agency of Government to furnish information to the Department regarding the suitability of the applicant for registration under this Act.

(5) The Department shall consult with the local authorities of the place where the applicant seeks to undertake the activities as an agent of a foreigner, to ascertain the suitability of the proposed site or premises

(6)The head of the Department may, by written notice, require an applicant for registration to furnish to the Department additional information to enable the Department make a decision on the application.

(7)The Department shall, in considering an application under this section, comply with the rules of natural justice.

Plain English Summary

When you apply for registration, the Minister sends your application to the Department for suitability checks. The Department must investigate within ...

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