Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:46:p16
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 46 (pt 16/19)
Character Range: 383439–386213

relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
 (3) The application must be accompanied by a fee in accordance with Part 18.

17.03  Issue of permit
 (1) The Minister or Director may issue a permit only if:
 (a) for a permit to which paragraph 17.01(ab) applies—the requirements mentioned in subregulation 17.03A(6) are met; and
 (b) for a permit to which paragraph 17.01(b) applies—there are reasonable grounds for believing that the action will not, or is not likely to, adversely affect the conservation status of a protected species or a population of a protected species; and
 (c) for a permit to which paragraph 17.01(c) or (d) applies—the circumstances mentioned in subregulation 17.05(1) apply; and
 (d) for a permit that applies in a jointly managed reserve:
 (i) consultation with the Board for the reserve is required under any agreement between the Director and the Board and has been carried out in accordance with the agreement; or
 (ii) there is no such agreement but the activity is consistent with the Director's obligations under the lease for the reserve.
 (2) In considering whether to issue a permit, the Minister or Director may consider whether a person to whom the permit is to be issued:
 (a) has, in the 10 years before the application for the permit is made, been convicted of an offence mentioned in subregulation 17.07(1); or
 (b) is subject to proceedings for an offence mentioned in subregulation 17.07(1).
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.
 (2A) For subregulation (2), a person includes the following:
 (a) a company and each director of the company;
 (b) an incorporated body (other than a company) and each officer of the body.
 (3) The Minister or Director must:
 (a) give each permit a reference number by which it can be identified; and
 (b) tell the applicant the reference number; and
 (c) give the applicant written notice if the Minister or Director refuses to issue a permit.

17.03A  Permits for access to biological resources
 (1) This regulation applies to a permit to which paragraph 17.01(ab) applies.
 (2) If the proposed access is a controlled action, the Minister must decide whether to issue a permit within 10 business days after deciding, under subsection 133(1) of the Act, whether or not to approve the taking of the action.
 (3) If the proposed access is not a controlled action and assessment by public notice is required, the Minister must decide whether to issue a permit after receiving the comments received under paragraph 8A.16(3)(c) and