Commonwealth Consolidated Acts Commonwealth Consolidated ActsMandatory considerations
(1) Without limiting the matters that the Minister may take into account in determining whether a person is a fit and proper person for the purposes of this Part, in the exercise of a power listed in column 1 of an item of the following table, the Minister must have regard to the considerations in column 2 of the item.
Fit and proper person considerations | ||
Item | Column 1 Power | Column 2 Mandatory considerations |
1 | A power to grant, transfer, suspend or cancel a licence | The following: (a) the person's history in relation to environmental matters; (b) whether the person is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or has made an assignment of remuneration for their benefit; (c) if a statement made by the person in an application or report under this Act or the regulations was false or misleading in a material particular: (i) that fact; and (ii) whether the person knew that the statement was false or misleading; (d) whether the person has complied with a requirement to pay levy under either of the following: (i) the Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 ; (ii) the Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 ; (e) whether the person has complied with a requirement to give a report under this Act or the regulations |
2 | A power to grant or transfer a licence | The following: (a) whether the person has contravened a condition of a licence; (b) whether a licence held by the person has been: (i) suspended; or (ii) cancelled under section 20 |
3 | A power to cancel a licence | |
Mandatory considerations--bodies corporate
(2) If the person is a body corporate, the Minister:
(a) must also have regard to each consideration in column 2 of the table in subsection (1) in relation to each person who is an executive officer of the body (whether or not the person was an executive officer of the body corporate at the time a matter occurs that relates to the consideration); and
(b) may also have regard to whether the body is a Chapter 5 body corporate within the meaning of the Corporations Act 2001 .
Spent conviction scheme not affected
(3) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).