Document ID: chunk:federal_register_of_legislation:C2024C00828:section:449:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 449 (pt 1/2)
Character Range: 1229183–1232048

449  Cancellation of title not affected by other provisions

Cancellation on ground of non‑compliance
 (1) If:
 (a) the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not complied with a provision of:
 (i) this Chapter; or
 (ii) Chapter 5; or
 (iia) Chapter 5A; or
 (iii) Chapter 6; or
 (iv) Part 8.1; or
 (v) the regulations; and
 (b) the holder has been convicted of an offence relating to that non‑compliance;
the responsible Commonwealth Minister may exercise a power of cancellation under subsection 447(1) on the ground of that non‑compliance, even though the holder has been convicted of that offence.
 (1A) If:
 (a) a person has not complied with subsection 566N(1) or 566ZA(1) in relation to a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; and
 (b) the person has been convicted of an offence relating to that non‑compliance;
the responsible Commonwealth Minister may exercise a power of cancellation under subsection 447(1) on the ground of that non‑compliance, even though the person has been convicted of that offence.
 (2) If:
 (a) a person who was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not complied with a provision of:
 (i) this Chapter; or
 (ii) Chapter 5; or
 (iia) Chapter 5A; or
 (iii) Chapter 6; or
 (iv) Part 8.1; or
 (v) the regulations; and
 (b) the responsible Commonwealth Minister has exercised a power of cancellation under subsection 447(1) on the ground of that non‑compliance;
the person may be convicted of an offence relating to the non‑compliance, even though the responsible Commonwealth Minister has exercised that power of cancellation.
 (2A) If:
 (a) a person has not complied with subsection 566N(1) or 566ZA(1) in relation to a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; and
 (b) the responsible Commonwealth Minister has exercised a power of cancellation under subsection 447(1) on the ground of that non‑compliance;
the person may be convicted of an offence relating to the non‑compliance, even though the responsible Commonwealth Minister has exercised that power of cancellation.

Cancellation on ground of non‑payment
 (3) If:
 (a) the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not paid an amount payable by the holder under:
 (i) this Act; or
 (ii) section 10E of the Regulatory Levies Act;
  within the period of 90 days after the day on which the amount became payable; and
 (b) either:
 (i) judgment for the amount has been obtained; or
 (ii) the amount, or any part of the amount, has been paid or recovered;
the responsible Commonwealth Minister may