sec.101Suitability based on convictions

sec.101 Suitability based on convictions

A person is not a suitable person to hold a plant authority if— the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of— an offence against the Act ; or an animal welfare offence under the Animal Care and Protection Act 2001 ; or an offence under another Act relating to wildlife; or an offence relating to wildlife, however described— under another Act; or under the law of another jurisdiction; and the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority. A person convicted of an offence against section 62 of the Act for taking a plant that was a natural resource of a protected area applies for a plant authority for taking a protected plant. A person convicted of an offence against section 89 of the Act for taking a protected plant applies for a plant authority for taking a protected plant. Subsection (1) does not apply if the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 . s 101 amd 2025 SL No. 125 s 39 (sec.101-ssec.1) A person is not a suitable person to hold a plant authority if— the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of— an offence against the Act ; or an animal welfare offence under the Animal Care and Protection Act 2001 ; or an offence under another Act relating to wildlife; or an offence relating to wildlife, however described— under another Act; or under the law of another jurisdiction; and the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority. A person convicted of an offence against section 62 of the Act for taking a plant that was a natural resource of a protected area applies for a plant authority for taking a protected plant. A person convicted of an offence against section 89 of the Act for taking a protected plant applies for a plant authority for taking a protected plant. (sec.101-ssec.2) Subsection (1) does not apply if the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 .

• (a) the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of— (i) an offence against the Act ; or (ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or (iii) an offence under another Act relating to wildlife; or (iv) an offence relating to wildlife, however described— (A) under another Act; or (B) under the law of another jurisdiction; and
• (i) an offence against the Act ; or
• (ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or