Document ID: chunk:federal_register_of_legislation:C2024C00514:section:99a:p1
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 99A (pt 1/2)
Character Range: 189260–192155

99A  Fit and proper person—non‑corporate government bodies

Matters the Regulator must have regard to
 (1) In determining whether a non‑corporate government body is a fit and proper person for the purposes of this Act, the Regulator must have regard to the following matters:
 (a) whether the non‑corporate government body has been convicted of an offence against, or ordered to pay a pecuniary penalty for contravening a provision of, a law of the Commonwealth, a State or a Territory, 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 the non‑corporate government body has been convicted of an offence against any of the following provisions of the Criminal Code:
 (i) section 136.1 (false or misleading statements in applications);
 (ii) section 137.1 (false or misleading information);
 (iii) section 137.2 (false or misleading documents);
 (c) whether an order has been made against the non‑corporate government body under section 76 (pecuniary penalties) of the Competition and Consumer Act 2010;
 (d) whether an order has been made against the non‑corporate government body under section 224 (pecuniary penalties) of the Australian Consumer Law;
 (e) whether the non‑corporate government body has contravened this Act;
 (f) whether the non‑corporate government body has contravened the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations or legislative rules made under that Act;
 (g) whether the non‑corporate government body has contravened the National Greenhouse and Energy Reporting Act 2007 or regulations made under that Act;
 (h) whether the non‑corporate government body has contravened the Australian National Registry of Emissions Units Act 2011 or regulations made under that Act;
 (i) whether an application under any of the following provisions was refused on the ground that the Regulator was not satisfied that the non‑corporate government body was a fit and proper person:
  (i) section 11;
 (ii) section 67;
 (iii) rules made for the purposes of section 221;
 (iv) a provision of this Act prescribed by the rules;
 (j) a matter (if any) prescribed by the rules;
 (k) such other matters (if any) as the Regulator considers relevant.

Matters the Regulator may have regard to
 (2) In determining whether a non‑corporate government body is a fit and proper person for the purposes of this Act, the Regulator may have regard to the following matters:
 (a) whether the non‑corporate government body 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