Document ID: chunk:federal_register_of_legislation:C2024C00639:section:175:p1
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 175 (pt 1/2)
Character Range: 253785–256510

175  Fit and proper persons
 (1) This section applies for the purposes of determining whether a person is a fit and proper person for the purposes of this Act.
Note: The reference to this Act includes a reference to instruments made under this Act (see the definition of this Act in section 10).
 (2) In determining whether the person is a fit and proper person for the purposes of a provision of this Act, the Minister must have regard to the following matters:
 (a) whether the person is financially viable;
 (b) whether the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under, any of the following:
 (i) this Act;
 (ii) the Biosecurity Act 2015;
 (iii) the Carbon Credits (Carbon Farming Initiative) Act 2011;
 (iv) the Environment Protection and Biodiversity Conservation Act 1999;
 (v) the Export Control Act 2020;
 (vi) the Hazardous Waste (Regulation of Exports and Imports) Act 1989;
 (vii) the National Greenhouse and Energy Reporting Act 2007;
 (viii) the repealed Product Stewardship Act 2011;
 (ix) the Product Stewardship (Oil) Act 2000;
 (x) another Act prescribed by the rules;
 (xi) the Criminal Code or the Crimes Act 1914, to the extent that it relates to an Act referred to in another subparagraph of this paragraph;
 (c) the person's history of compliance with this Act;
 (d) if the person has been an administrator of a co‑regulatory arrangement—whether the Minister did not approve, or cancelled the approval of, the co‑regulatory arrangement because the Minister was satisfied that the administrator was not a fit and proper person;
 (e) if the person has made an application for an export licence or an application for renewal of an export licence—whether the application was refused;
 (f) whether the person:
 (i) has made a false or misleading statement in an application under this Act; or
 (ii) gave false or misleading information or documents to a person performing functions or exercising powers under this Act;
 (g) the history of the person in relation to environmental matters;
 (h) whether a debt is due and payable by the person to the Commonwealth under any Act referred to in paragraph (b);
 (i) any other matter prescribed by the rules in relation to the provision.
 (3) In determining whether the person is a fit and proper person, the Minister may also have regard to the following matters:
 (a) whether, under a law of a State or Territory, the person has been given a notice (however described) that:
 (i) relates to an environmental matter; and
 (ii) requires the person to take, or not to take, specified action to remedy non‑compliance, or suspected non‑compliance, with the law;
 (b) the matters mentioned in subsection (2) as they apply