394Decisions about declared persons and associated authorisations

394 Decisions about declared persons and associated authorisations

394 Decisions about declared persons and associated authorisations

(1) The decision-maker, in relation to an authorisation for which the declared person is the holder, applicant or proposed transferee, may make a specified decision in relation to the authorisation.

(2) The decision-maker may, by order given to a declared person, at the time the decision-maker makes a declaration, or within 6 months after making a declaration or a longer period as agreed between the decision-maker and the declared person, do 1 or more of the following—

(a) caution or reprimand the declared person,

(b) disqualify the declared person from making applications for the grant, renewal or transfer of authorisations for a specified period or an indefinite period,

(c) impose or vary a condition of an authorisation or an activity approval, but only if the declared person is associated with the authorisation or activity approval,

(d) direct the declared person to do or refrain from doing a thing specified in the direction in relation to the following—

(i) authorisations and applications for or in relation to authorisations,

(ii) mining and prospecting,

(e) take another action specified by the regulations.

(3) An application made by a person disqualified under subsection (2)(b) is invalid and must be rejected by a decision-maker.

(4) A condition imposed or varied under subsection (2)(c) is taken to have been imposed or varied by the relevant decision-maker.

(5) A person must not contravene a direction under subsection (2)(d).

Maximum penalty—

(a) for a corporation—10,000 penalty units, and, for a continuing offence, a further penalty of 1,000 penalty units for each day the offence continues, or

(b) for an individual—2,000 penalty units, and, for a continuing offence, a further penalty of 200 penalty units for each day the offence continues.

s 394: Ins 2022 No 21, Sch 1[152].