Document ID: chunk:federal_register_of_legislation:C2024C00639:section:120
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 120
Character Range: 181741–184233

120  Notification of conviction of offence, order to pay pecuniary penalty etc.—participants in product stewardship arrangements, export licence holders and applicants for licences
 (1) This section applies to a person who is:
 (a) an accrediting authority other than the Minister; or
 (b) an administrator of an accredited voluntary arrangement; or
 (c) an administrator of an approved co‑regulatory arrangement; or
 (d) an applicant for an export licence; or
 (e) the holder of an export licence; or
 (f) prescribed by the rules.
 (2) If, under a law of a State or Territory, the person is given a notice (however described) that:
 (a) relates to an environmental matter; and
 (b) requires the person to take, or not to take, specified action to remedy non‑compliance, or suspected non‑compliance, with the law;
the person must notify the Minister, in writing, of that fact as soon as practicable after the notice is given to the person.
 (3) If the person is convicted of an offence against, or ordered to pay a pecuniary penalty under, any Australian law for a contravention involving fraud, dishonesty or an environmental matter, the person must notify the Minister, in writing, of the conviction or order as soon as practicable after the person is convicted or the order is made.
 (4) If the person becomes aware that an associate of the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under, any Australian law for a contravention involving fraud, dishonesty or an environmental matter, the person must notify the Minister, in writing, of the conviction or order as soon as practicable after the person becomes aware of the conviction or order.
 (5) The rules may require the person to give to the Minister, as soon as practicable or within a specified period, notification of any other specified matters.

Civil penalty provision
 (6) A person is liable to a civil penalty if:
 (a) the person is required to notify the Minister of a matter:
 (i) under subsection (2), (3) or (4); or
 (ii) under rules made for the purposes of subsection (5); and
 (b) the person fails to comply with the requirement.
Civil penalty: 60 penalty units.
 (7) Nothing in this section affects 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.