Page:Cybersecurity Act 2018.pdf/44

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CYBERSECURITY
45


(ii) that the business entity has had a judgment entered against the business entity in civil proceedings that involves a finding of fraud, dishonesty or breach of fiduciary duty on the part of the business entity;
(iii) that any officer of the business entity is not a fit and proper person to be an officer of a business entity holding the licence;
(iv) that the business entity is in liquidation or is the subject of a winding up order, or there is a receiver appointed in relation to the business entity, or the business entity has entered into a composition or scheme of arrangement with the creditors of the business entity; or
(v) that the business entity has had a licence revoked by the licensing officer previously.

(9) In deciding, for the purposes of subsection (8)(b)(iii), whether an officer of a business entity is a fit and proper person to be an officer of a business entity holding a licence, the licensing officer may take into account any matter the licensing officer considers relevant, including any of the matters in subsection (8)(a)(i) to (v) with each reference to the individual substituted with a reference to the officer.

(10) In this section, “officer of a business entity” means any director or partner of the business entity or other person who is responsible for the management of the business entity.

Conditions of licence

27.—(1) The licensing officer may grant a licence to an applicant, or renew an applicant’s licence, subject to such conditions as the licensing officer thinks fit to impose.

(2) For the purpose of subsection (1), the licensing officer may specify—

(a) conditions applicable to all licensees;
(b) conditions applicable to a specified class of licensees; or
(c) conditions applicable to a specified licensee only.