(1) For the purposes of this Act, a commercial licence held or applied for by an eligible person meets the merit criteria if:
(a) the eligible person has the technical and financial capability to carry out the offshore infrastructure project that is to be carried out under the licence; and
(b) the offshore infrastructure project is likely to be viable; and
(c) the eligible person is suitable to hold the licence; and
(d) any criteria prescribed by the licensing scheme are satisfied.
(2) The licensing scheme may provide for:
(a) matters that may or must be considered in any decision under this Act about whether a commercial licence meets the merit criteria; and
(b) the suitability of an eligible person to hold a commercial licence to be assessed with regard to the suitability of other persons (including another person that controls the eligible person); and
(c) procedures for making decisions under this Act about whether a commercial licence meets the merit criteria; and
(d) how subsection (1) is to be applied to an offshore infrastructure project that has begun to be, or is being, carried out.