sec.108Suitability based on convictions

sec.108 Suitability based on convictions

A person is not a suitable person to hold a protected area 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 against the Recreation Areas Management Act 2006 relating to a recreation area; or an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or an offence against the Marine Parks Act 2004 relating to a marine park; or an offence, however described, equivalent to an offence mentioned in any of subparagraphs (i) to (vi) 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 conducted under the authority. A person convicted of an offence against section 62 of the Act for taking a cultural or natural resource of a protected area applies for a protected area authority for taking cultural or natural resources of a protected area. A person convicted of an offence against section 88 of the Act for taking a protected animal applies for a protected area authority for taking an animal that is a natural resource of a protected area. Subsection (1) does not apply to an offence only because the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 . (sec.108-ssec.1) A person is not a suitable person to hold a protected area 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 against the Recreation Areas Management Act 2006 relating to a recreation area; or an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or an offence against the Marine Parks Act 2004 relating to a marine park; or an offence, however described, equivalent to an offence mentioned in any of subparagraphs (i) to (vi) 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 conducted under the authority. A person convicted of an offence against section 62 of the Act for taking a cultural or natural resource of a protected area applies for a protected area authority for taking cultural or natural resources of a protected area. A person convicted of an offence against section 88 of the Act for taking a protected animal applies for a protected area authority for taking an animal that is a natural resource of a protected area. (sec.108-ssec.2) Subsection (1) does not apply to an offence only because the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 .