Document ID: chunk:federal_register_of_legislation:F2019L00096:reg:6:p1
Version: federal_register_of_legislation:F2019L00096
Segment Type: reg
Provision Reference: reg 6 (pt 1/3)
Character Range: 4092–6803

6  Matters to which the Minister must have regard when considering applications
 (1) This section is made for the purposes of subsection 23(4) of the Act.
Note: In deciding whether to grant a permit under section 23 of the Act, the Minister must have regard to the matters specified in this section (see subsection 23(4) of the Act).
 (2) The Minister must have regard to:
 (a) whether the person applying for the permit is a fit and proper person; and
 (b) whether each person who will participate in, or otherwise be involved in, the conduct proposed to be authorised by the permit is a fit and proper person.
 (3) Without limiting paragraph (2)(a) or (b), the Minister must have regard to the following matters when considering whether a person is a fit and proper person:
 (a) whether the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under, any of the following:
 (i) the Act;
 (ii) the repealed Historic Shipwrecks Act 1976;
 (iii) the Protection of Movable Cultural Heritage Act 1986;
 (iv) the Customs Act 1901;
 (v) the Criminal Code, to the extent that it relates to an Act referred to in any of subparagraphs (i) to (iv);
 (vi) the Crimes Act 1914, to the extent that it relates to an Act referred to in any of subparagraphs (i) to (iv);
 (b) whether the person has been convicted of an offence against a law of a State or Territory that relates to underwater cultural heritage;
 (c) whether the person has been convicted of an offence against a law of a foreign country that relates to underwater cultural heritage;
 (d) whether the person is suspected on reasonable grounds of engaging in the supply of unlawfully obtained underwater cultural heritage.
 (4) If the conduct proposed to be authorised by the permit will have or is likely to have an adverse impact on protected underwater cultural heritage, the Minister must also have regard to the following matters:
 (a) whether the conduct is consistent with the objects of the Act;
 (b) relevant government guidelines relating to the protection or management of Australia's underwater cultural heritage, as in force from time to time;
 (c) whether the manner in which the conduct will be undertaken is consistent with the relevant requirements of the Annex to the Underwater Cultural Heritage Convention;
 (d) whether appropriate consultation has been undertaken with relevant stakeholders relating to:
 (i) shared heritage interests; and
 (ii) issues of ownership or sovereignty; and
 (iii) obligations under any relevant international conventions, agreements or treaties, as in force from time to time.
 (5) If the conduct proposed to be authorised by the permit will take place in a protected zone, the