Document ID: chunk:federal_register_of_legislation:C2024C00828:section:695yb:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 695YB (pt 1/2)
Character Range: 1855270–1858034

695YB  Matters to which a decision‑maker must have regard
 (1) This section sets out the matters in relation to which regard must be had in making certain decisions under this Act.
Note: For example, the Joint Authority must have regard to these matters in relation to a person when deciding whether the Joint Authority is prepared to grant the person a petroleum exploration permit (see subsection 105(4)).
 (2) The matters are as follows:
 (a) if the person is an individual—the person's experience in the following:
 (i) petroleum exploration or recovery;
 (ii) the injection or storage of greenhouse gas substances;
 (b) if the person is a body corporate—the experience of the officers (within the meaning of the Corporations Act 2001) of the body corporate in the following:
 (i) petroleum exploration or recovery;
 (ii) the injection or storage of greenhouse gas substances;
 (c) whether the person has been found guilty of an offence against, or ordered to pay a pecuniary penalty under, any of the following:
 (i) this Act, including any regulations made under this Act;
 (ii) any other law of the Commonwealth prescribed by the regulations;
 (iii) the Criminal Code or the Crimes Act 1914, to the extent that it relates to this Act or a law prescribed for the purposes of subparagraph (ii);
 (d) whether the person has contravened this Act, including any regulations made under this Act, or a law prescribed for the purposes of subparagraph (c)(ii);
 (e) whether in any criminal or civil proceedings against the applicant, or in any action against the applicant by an agency of the Commonwealth or a State or Territory, the person is found to have engaged in conduct involving fraud or dishonesty;
 (f) whether the person has contravened a direction given under Chapter 2, 3 or 6, Part 7.1 or Part 8.1 of this Act;
 (g) if the person has made an application for any of the following, whether the application was refused:
 (i) a petroleum production licence;
 (ii) an infrastructure licence;
 (iii) a pipeline licence;
 (iv) a greenhouse gas injection licence;
 (h) if the person is or has been a registered holder of any of the following titles, whether the title was cancelled or partly cancelled:
 (i) a petroleum exploration permit;
 (ii) a petroleum retention lease;
 (iii) a petroleum production licence;
 (iv) an infrastructure licence;
 (v) a pipeline licence;
 (vi) a greenhouse gas assessment permit;
 (vii) a greenhouse gas holding lease;
 (viii) a greenhouse gas injection licence;
 (i) whether the person:
 (i) has made a false or misleading statement in an application under this Act or regulations made under this Act; or
 (ii) has given false or misleading information, documents or evidence to the Joint Authority for an offshore area, the