Document ID: chunk:federal_register_of_legislation:F2020L01035:reg:11
Version: federal_register_of_legislation:F2020L01035
Segment Type: reg
Provision Reference: reg 11
Character Range: 14698–16297

11  Making of determinations under subsection 124G(2)
 (1) The Committee is required to consider the following matters in making a determination under subsection 124G(2) regarding a person:
 (a) any submission made to the Committee by the person in accordance with subsection 124G(3);
 (b) the nature and seriousness of and the circumstances concerning the commission of each relevant offence for which the person has been convicted, or each relevant civil contravention where a pecuniary penalty order has been made regarding the person;
 (c) whether the person has previously been convicted of a relevant offence or has previously been the subject of a relevant civil contravention for which a pecuniary penalty order has been made;
 (d) whether the person has at any time been subject to a determination made under paragraphs 124F(2)(d), (e), (f) or (g) or a determination made under subsection 124G(2) of the Act;
 (e) whether or not the practitioner or provider fits the criteria for an exception to a presumption set out in section 12; and
 (f) any other matters the Committee considers relevant.
 (2) The Committee shall not make a determination under subsection 124G(2) unless the Committee is satisfied that:
 (a) were a hearing to be conducted, there would be little or no reasonable prospect that further evidence or material would become available to the Committee, which might, in the Committee's opinion, result in the making of a determination by the Committee under paragraphs 124F(2)(b), (c), (d), (e), (f) or (g) of the Act; or
 (b) the exception in section 12 should be applied.