Document ID: chunk:federal_register_of_legislation:C2024A00121:section:24:p1
Version: federal_register_of_legislation:C2024A00121
Segment Type: section
Provision Reference: s 24 (pt 1/2)
Character Range: 32855–35443

24  Fit and proper person test
 (1) In determining whether the Regulator is satisfied that a person (the first person) is a fit and proper person, the Regulator:
 (a) must have regard to the matters mentioned in subsection (2) in relation to the first person; and
 (b) may have regard to any or all of the matters mentioned in subsection (2) in relation to any person who is an associate of the first person; and
 (c) may have regard to any other matter connected to the first person that is relevant to this Act.
 (2) For the purposes of paragraphs (1)(a) and (b), the matters are the following:
 (a) whether the person has been convicted of any the following:
 (i) an offence against a law of the Commonwealth, a State or a Territory involving fraud or dishonesty;
 (ii) an offence against a law of the Commonwealth, a State or a Territory that relates to the conduct of a business;
 (iii) an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;
 (iv) an offence against a law of a foreign country that corresponds to a law mentioned in subparagraph (i), (ii) or (iii);
 (b) whether the person has contravened either of the following:
 (i) a climate change law;
 (ii) the Crimes Act 1914 or the Criminal Code, to the extent that it relates to a climate change law;
 (c) whether the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under:
 (i) the Environment Protection and Biodiversity Conservation Act 1999 (or a legislative instrument under that Act); or
 (ii) the Nature Repair Act 2023 (or a legislative instrument under that Act); or
 (iii) an environmental or planning law of a State or Territory;
 (d) whether an application by the person has been refused under a climate change law;
 (e) whether registration of the person under a climate change law has been cancelled or suspended;
 (f) whether the person has given false or misleading information under a law mentioned in paragraph (b);
 (g) whether a debt is due and payable by the person to the Commonwealth under a law mentioned in subparagraph (a)(i), (ii) or (iii) or paragraph (b);
 (h) whether an order has been made against the person under:
 (i) section 76 of the Competition and Consumer Act 2010; or
 (ii) section 224 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth, a State or a Territory; or
 (iii) a law of a foreign country that corresponds to a law mentioned in subparagraph (i) or (ii);
 (i) whether the person is:
 (i) for an individual—an insolvent under administration (within the meaning of