Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:102:p1
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 102 (pt 1/2)
Character Range: 75479–78158

102  Considerations in deciding whether someone is a fit and proper person to hold a permit
 (1) This regulation applies for the purposes of a decision‑maker deciding whether a person is a fit and proper person to hold a permit of one of the following kinds:
 (a) an RAC industry permit under Division 6A.2;
 (b) a feedstock permit under Division 6A.3;
 (c) a fire protection industry permit under Division 6A.4.
Note: This affects what is information that is needed to make, or relevant to, such a decision, and so affects provisions about giving a decision‑maker such information, as well as affecting provisions about the decision‑maker being satisfied that the person is or is not a fit and proper person to hold the licence.

Decision relating to grant of the permit
 (2) If the decision relates to the grant of the permit, the decision‑maker must have regard to the following considerations:
 (a) the considerations described in column 2 of item 1 of the table in subsection 13B(1) of the Act in relation to the person;
 (b) any suspension or cancellation of another permit of the same kind held by the person;
 (c) any contravention of a condition of another permit of the same kind held by the person.

Decision relating to cancellation or suspension of the permit
 (3) If the decision relates to the cancellation or suspension of the permit, the decision‑maker must have regard to the following considerations:
 (a) the considerations described in column 2 of item 1 of the table in subsection 13B(1) of the Act in relation to the person;
 (b) any earlier suspension of the permit;
 (c) any contravention of a condition of the permit;
 (d) any suspension or cancellation of another permit of the same kind held by the person;
 (e) any contravention of a condition of another permit of the same kind held by the person.

Considerations for bodies corporate
 (3A) If the person is a body corporate, the Minister:
 (a) must also have regard to each consideration in subregulation (2) and paragraphs (3)(a), (d) and (e) in relation to each person who is an executive officer of the body (whether or not the person was an executive officer of the body corporate at the time a matter occurs that relates to the consideration); and
 (b) may also have regard to whether the body is a Chapter 5 body corporate within the meaning of the Corporations Act 2001.

This regulation does not limit considerations
 (4) This regulation does not limit matters that the decision‑maker may consider.

Spent conviction scheme not affected
 (5) This regulation does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve