Document ID: chunk:federal_register_of_legislation:F2025C00184:reg:3l:p1
Version: federal_register_of_legislation:F2025C00184
Segment Type: reg
Provision Reference: reg 3L (pt 1/3)
Character Range: 41978–44707

3L  Determining fit and proper person
 (1) For subsection 11(2A) of the Act, in determining whether the applicant is a fit and proper person, the Regulator must have regard to the following matters:
 (a) whether the applicant has been convicted of an offence against any of the following:
 (i) a law of the Commonwealth, a State or a Territory, that relates to dishonest conduct;
 (ii) a law of the Commonwealth, a State or a Territory, that relates to the conduct of a business;
 (iii) section 136.1, 137.1 or 137.2 of the Criminal Code;
 (iv) a foreign law that corresponds to a law mentioned in subparagraphs (i) to (iii) or subparagraphs (b)(i) to (iv);
 (b) whether the applicant has breached any of the following:
 (i) this Act or these Regulations;
 (ii) the Australian National Registry of Emissions Units Act 2011 or regulations under that Act;
 (iii) the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations under that Act;
 (iv) the National Greenhouse and Energy Reporting Act 2007 or regulations under that Act;
 (c) whether an order has been made against the applicant 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 foreign law that corresponds to a law mentioned in subparagraphs (i) or (ii);
 (d) whether the applicant has been refused registration by, de‑registered by, or suspended from participating in, a State or Territory energy efficiency scheme, such as the following:
 (i) the Energy Savings Scheme in New South Wales;
 (ii) the Victorian Energy Efficiency Target scheme;
 (e) whether the applicant has:
 (i) sought or been granted accreditation by, or membership of, a clean energy organisation; or
 (ii) been refused accreditation by, or membership of, a clean energy organisation; or
 (iii) had the applicant's accreditation by, or membership of, a clean energy organisation suspended or revoked;
 (f) whether the applicant is:
 (i) for an applicant that is an individual—an insolvent under administration within the meaning of the Corporations Act 2001; and
 (ii) for an applicant that is a body corporate—a Chapter 5 body corporate within the meaning of the Corporations Act 2001;
 (g) for an applicant that is a body corporate—whether overseas or under a foreign law:
 (i) the body corporate is being wound up; or
 (ii) a receiver, or a receiver and manager, has been appointed (whether or not by a court) in respect of the property of the body corporate and is acting; or
 (iii) the body corporate is under administration; or
 (iv) the body corporate has executed a deed of company arrangement that