Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_203:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 203 (pt 1/2)
Character Range: 688988–691667

203  Permit not to be issued in certain cases

Official not a fit and proper person

 (1) A Registrar must not issue a permit to an official unless the Registrar is satisfied that the official is a fit and proper person to hold the permit.

 (2) For the purposes of subsection (1), the Registrar must have regard to the following matters:
 (a) whether the official has received appropriate training about the rights and responsibilities of a permit holder;
 (b) whether the official has ever been convicted of an offence against an industrial law;
 (c) whether the official has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country, involving:
 (i) entry onto premises; or
 (ii) fraud or dishonesty; or
 (iii) intentional use of violence against another person or intentional damage or destruction of property;
 (d) whether the official, or any other person, has ever been ordered to pay a penalty under this Act or any other industrial law in respect of conduct of the official;
 (e) whether any permit issued to the official under this Part, or under the repealed Part IX, has been revoked or suspended or made subject to conditions;
 (f) whether a court, or other person or body, under a State or Territory industrial law or an OHS law, has cancelled, suspended or imposed conditions on a right of entry for industrial or occupational health and safety purposes that the official had under that law;
 (g) whether a court, or other person or body, under a State or Territory industrial law or an OHS law, has disqualified the official from exercising, or applying for, a right of entry for industrial or occupational health and safety purposes under that law;
 (h) any other matters that the Registrar considers relevant.

Note: Part VIIC of the Crimes Act 1914 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.

Banning order or disqualification applies under this Part

 (3) A Registrar must not issue a permit to an official:
 (a) during a disqualification period specified by a Registrar under section 205; or
 (b) if the issue is prevented by a Commission order under section 231 or 233.

Disqualification etc. applies under State law

 (4) A Registrar must not issue a permit to an official at a time when:
 (a) a suspension, imposed by a court or other person or body, applies under a State or Territory industrial law or an OHS law to a right of entry for industrial or occupational health and safety purposes that the official has under that law; or
 (b) a disqualification,