Document ID: chunk:federal_register_of_legislation:F2025C00184:reg:3l:p2
Version: federal_register_of_legislation:F2025C00184
Segment Type: reg
Provision Reference: reg 3L (pt 2/3)
Character Range: 44476–47196

appointed (whether or not by a court) in respect of the property of the body corporate and is acting; or
 (iii) the body corporate is under administration; or
 (iv) the body corporate has executed a deed of company arrangement that has not yet terminated; or
 (v) the body corporate is under restructuring; or
 (vi) the body corporate has made a restructuring plan that has not yet terminated; or
 (vii) the body corporate has entered into a compromise or arrangement with another person and the administration of which has not been concluded.
 (2) If the applicant is a body corporate, the Regulator must also have regard to the following matters:
 (a) whether an executive officer of the body corporate has been convicted of an offence against any of the following:
 (i) a law of the Commonwealth, a State or a Territory, that relates to dishonest conduct;
 (ii) a law of the Commonwealth, a State or a Territory, that relates to the conduct of a business;
 (iii) section 136.1, 137.1 or 137.2 of the Criminal Code;
 (iv) a foreign law that corresponds to a law mentioned in subparagraphs (i) to (iii) or subparagraphs (b)(i) to (iv);
 (b) whether an executive officer of the body corporate has breached any of the following:
 (i) this Act or these Regulations;
 (ii) the Australian National Registry of Emissions Units Act 2011 or regulations under that Act;
 (iii) the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations under that Act;
 (iv) the National Greenhouse and Energy Reporting Act 2007 or regulations under that Act;
 (c) whether an order has been made against an executive officer of the body corporate:
 (i) under section 76 of the Competition and Consumer Act 2010; or
 (ii) under section 224 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth, a State or a Territory; or
 (iii) under a foreign law that corresponds to a law mentioned in subparagraph (i) or (ii); or
 (iv) by a foreign court, disqualifying the executive officer from:
 (A) being a director of a body corporate; or
 (B) being concerned in the management of a body corporate;
 (d) whether an executive officer of the body corporate has been refused registration, de‑registered or suspended from participating in a State or Territory energy efficiency scheme, such as the following:
 (i) the Energy Savings Scheme in New South Wales;
 (ii) the Victorian Energy Efficiency Target scheme;
 (e) whether an executive officer of the body corporate has:
 (i) sought or been granted accreditation by, or membership of, a clean energy organisation; or
 (ii) been refused accreditation by, or membership of, a clean energy organisation; or
 (iii) had the executive officer's