135Recognition of agencies

1. The chief executive may, on the application of a person, recognise that person as an agency that is responsible for the management and carrying out of specified functions and activities.

2. Before recognising an applicant, the chief executive must—

3. consider whether to impose a condition under section 147(1) requiring the applicant to manage or supply recognised persons to carry out some or all of the permissible functions and activities for which recognition is sought; and
4. be satisfied that the applicant is a fit and proper person to manage and carry out the permissible functions and activities for which recognition is sought.

5. In determining whether an applicant is a fit and proper person, the chief executive—

6. must take into account the following matters:
   1. the competencies and resources of the applicant to manage and carry out the permissible functions and activities for which recognition is sought; and
   2. any specified conviction entered against the applicant or any director or manager of the applicant; and
   3. the applicant’s character and reputation, including, if appropriate, the character and reputation of the directors of the applicant or of those responsible for its management or control; and
   4. the applicant’s ability to maintain an appropriate degree of impartiality and independence in managing and carrying out the permissible functions and activities for which recognition is sought; and
   5. any applicable requirements of this Act; and
7. may take into account any other matters that the chief executive considers relevant.

8. This section is subject to section 137(5).