Document ID: chunk:federal_register_of_legislation:C2011A00024:clause:1_5
Version: federal_register_of_legislation:C2011A00024
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 4454–5615

5  After subsection 601RAB(2)
Insert:
 (2A) Before the Governor‑General makes a regulation that includes a company in a list set out for the purposes of paragraph (2)(a), the company must satisfy the Minister of the following:
 (a) that it is a corporation to which paragraph 51(xx) of the Constitution applies;
 (b) that its purposes include:
 (i) providing services of the kind referred to in paragraph 601RAC(1)(c); and
 (ii) performing functions of a kind referred to in paragraph 601RAC(2)(b) and at least one other estate management function;
 (c) that it is, and will continue to be, capable of providing the services, and performing the functions, referred to in paragraph (b) of this subsection;
 (d) that it is a fit and proper person;
 (e) that an unacceptable control situation (as defined in section 601VAA) does not exist in relation to it in relation to any person;
 (f) any other matter the Minister specifies by written notice to the company.
Note: Under Division 137 of the Criminal Code it may be an offence for a company to provide false or misleading information or documents to the Minister in purported compliance with this requirement.