31Authorised representatives—access to Registry account

31 Authorised representatives—access to Registry account

(1) This regulation applies to an authorised representative: (a) nominated under subregulation 9(2); or (b) the subject of a request under subregulation 32(1). (2) The Regulator may give the authorised representative access to a Registry account only if the Regulator: (a) is satisfied of the identity of the authorised representative: (i) having regard to the evidence reviewed by the Regulator under subregulation 23(2); or (ii) because the authorised representative’s identity has previously been verified under a biodiversity law (within the meaning of the Clean Energy Regulator Act 2011) or a climate change law (within the meaning of that Act); and (b) is satisfied that the authorised representative passes the fit and proper person test. (2A) An authorised representative for a Commonwealth Registry account who is an SES employee is taken to pass the fit and proper person test. (3) If access is provided under subregulation (2), the authorised representative may: (a) view the details of the Registry account; and (b) initiate transactions in relation to the account; and (c) approve transactions in relation to the account. (4) If the Regulator is not satisfied of the authorised representative’s identity or that the authorised representative passes the fit and proper person test, the Regulator must, as soon as practicable: (a) notify the relevant registered holder that access has not been given under subregulation (2), giving reasons for the refusal; and (b) require the holder to nominate another authorised representative.

Note: An authorised representative must be an individual—see the definition of authorised representative in regulation 3.

(5) If the Regulator: (a) has given an authorised representative access to a Registry account under subregulation (2); and (b) is no longer satisfied that the authorised representative passes the fit and proper person test; the Regulator may deny the authorised representative access to the Registry account. (6) If the Regulator denies an authorised representative access to a Registry account, the Regulator must, as soon as practicable: (a) notify the relevant registered holder that access has been denied under subregulation (5), giving reasons for the denial; and (b) require the holder to nominate another authorised representative.