Document ID: chunk:federal_register_of_legislation:C2024C00572:section:11d
Version: federal_register_of_legislation:C2024C00572
Segment Type: section
Provision Reference: s 11D
Character Range: 50926–52976

11D  Unsatisfactory compliance record
 (1) For the purposes of this Act, a person has an unsatisfactory compliance record if, and only if:
 (a) at any time during the preceding 5 years, the person has breached a requirement under this Act to provide a report; or
 (b) at any time during the preceding 5 years, the person has provided a report under this Act that contains information that is false or misleading in a material particular; or
 (d) the following conditions are satisfied:
 (i) at any time during the preceding 5 years, a copy of an audit report of a greenhouse and energy audit relating to the person was given to the Regulator under this Act;
 (ii) the report contained an adverse conclusion (within the meaning of the National Greenhouse and Energy Reporting (Audit) Determination 2009); or
 (e) at any time during the preceding 5 years, the person has breached a civil penalty provision of this Act; or
 (f) if the person is a body corporate—at any time during the preceding 5 years, an executive officer of the body corporate has breached a civil penalty provision of this Act; or
 (g) both:
 (i) at any time during the preceding 5 years, the person has done a particular act; and
 (ii) the act is of a kind specified in the regulations; or
 (h) both:
 (i) at any time during the preceding 5 years, the person has omitted to do a particular act; and
 (ii) the omission is of a kind specified in the regulations; or
 (i) the person has been convicted of an offence against this Act; or
 (j) if the person is a body corporate—an executive officer of the body corporate has been convicted of an offence against this Act.

Spent convictions
 (2) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which 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).

Part 2—Registration

Division 1—Applying for registration

Subdivision A—Application by a controlling corporation