sec.102Suitability based on other matters

sec.102 Suitability based on other matters

A person is not a suitable person to hold a plant authority if the chief executive is satisfied the person would be unable to carry out activities under the authority in a competent and ethical way. Without limiting subsection (1) , the chief executive may be satisfied the person is unable to carry out activities under the plant authority in a competent and ethical way if— the person, or an associate of the person, has accumulated 10 or more demerit points under section 103 within 3 years before the relevant day; or the person, or an associate of the person, was the holder of a plant authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 103 ; or the person, or an associate of the person, is or was the holder of a corresponding authority that was suspended or cancelled within 3 years before the relevant day. In this section— corresponding authority means an authority, however described, that— was issued, given or granted to a person under the law of another jurisdiction; and authorises or authorised the taking, keeping or use of a plant that is or was protected under the law of the other jurisdiction. s 102 sub 2021 SL No. 165 s 32 amd 2022 SL No. 166 s 37 ; 2025 SL No. 125 s 40 (sec.102-ssec.1) A person is not a suitable person to hold a plant authority if the chief executive is satisfied the person would be unable to carry out activities under the authority in a competent and ethical way. (sec.102-ssec.2) Without limiting subsection (1) , the chief executive may be satisfied the person is unable to carry out activities under the plant authority in a competent and ethical way if— the person, or an associate of the person, has accumulated 10 or more demerit points under section 103 within 3 years before the relevant day; or the person, or an associate of the person, was the holder of a plant authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 103 ; or the person, or an associate of the person, is or was the holder of a corresponding authority that was suspended or cancelled within 3 years before the relevant day. (sec.102-ssec.3) In this section— corresponding authority means an authority, however described, that— was issued, given or granted to a person under the law of another jurisdiction; and authorises or authorised the taking, keeping or use of a plant that is or was protected under the law of the other jurisdiction.

• (a) the person, or an associate of the person, has accumulated 10 or more demerit points under section 103 within 3 years before the relevant day; or
• (b) the person, or an associate of the person, was the holder of a plant authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 103 ; or