Document ID: chunk:federal_register_of_legislation:C2024C00514:section:99:p2
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 99 (pt 2/2)
Character Range: 187725–189258

determining whether a trust is a fit and proper person for the purposes of this Act, the Regulator may have regard to the following matters:
 (a) whether a trustee of the trust has been convicted of an offence against, or ordered to pay a pecuniary penalty for contravening a provision of, a law of a foreign country, where the offence or provision relates to:
 (i) dishonesty or fraudulent conduct; or
 (ii) the environment; or
 (iii) climate change; or
 (iv) work health or safety;
 (b) whether, at any time during the previous 3 years, a trustee of the trust:
 (i) engaged in conduct that resulted in the trustee giving an enforceable undertaking under a law of the Commonwealth, a State or a Territory; or
 (ii) breached an enforceable undertaking given by the trustee under a law of the Commonwealth, a State or a Territory;
  where that law relates to:
 (iii) the environment; or
 (iv) climate change; or
 (v) work health or safety;
 (c) a matter (if any) prescribed by the rules;
 (d) such other matters (if any) as the Regulator considers relevant.

Spent convictions
 (3) To avoid doubt, nothing in this section affects the operation of Part VIIC of the Crimes Act 1914.
 (4) Rules made for the purposes of paragraph (1)(l) or (2)(c) must not affect the operation of Part VIIC of the Crimes Act 1914.
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.