98Fit and proper person—corporations

98 Fit and proper person—corporations

Matters the Regulator must have regard to (1) In determining whether a corporation is a fit and proper person for the purposes of this Act, the Regulator must have regard to the following matters: (a) whether the corporation has been convicted of an offence against, or ordered to pay a pecuniary penalty for contravening a provision of, a law of the Commonwealth, a State or a Territory, where the offence or provision relates to: (i) dishonesty or fraudulent conduct; or (ii) the environment; or (iii) climate change; or (iv) work health or safety; (b) whether the corporation has been convicted of an offence against any of the following provisions of the Criminal Code: (i) section 136.1 (false or misleading statements in applications); (ii) section 137.1 (false or misleading information); (iii) section 137.2 (false or misleading documents); (c) whether an order has been made against the corporation under section 76 (pecuniary penalties) of the Competition and Consumer Act 2010; (d) whether an order has been made against the corporation under section 224 (pecuniary penalties) of the Australian Consumer Law; (e) whether the corporation has contravened this Act; (f) whether the corporation has contravened the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations or legislative rules made under that Act; (g) whether the corporation has contravened the National Greenhouse and Energy Reporting Act 2007 or regulations made under that Act; (h) whether the corporation has contravened the Australian National Registry of Emissions Units Act 2011 or regulations made under that Act; (i) whether an application under any of the following provisions was refused on the ground that the Regulator was not satisfied that the corporation was a fit and proper person: (i) section 11; (ii) section 67; (iii) rules made for the purposes of section 221; (iv) a provision of this Act prescribed by the rules; (j) whether the corporation is a corporation under external administration; (k) whether any of the events set out in paragraphs 97(1)(a) to (j) have happened in relation to an executive officer of the corporation; (l) a matter (if any) prescribed by the rules; (m) such other matters (if any) as the Regulator considers relevant. Matters the Regulator may have regard to (2) In determining whether a corporation is a fit and proper person for the purposes of this Act, the Regulator may have regard to the following matters: (a) whether the corporation has been convicted of an offence against, or ordered to pay a pecuniary penalty for contravening a provision of, a law of a foreign country, where the offence or provision relates to: (i) dishonesty or fraudulent conduct; or (ii) the environment; or (iii) climate change; or (iv) work health or safety; (b) whether, at any time during the previous 3 years, the corporation: (i) engaged in conduct that resulted in the corporation giving an enforceable undertaking under a law of the Commonwealth, a State or a Territory; or (ii) breached an enforceable undertaking given by the corporation under a law of the Commonwealth, a State or a Territory; where that law relates to: (iii) the environment; or (iv) climate change; or (v) work health or safety; (c) whether any of the events set out in paragraphs 97(2)(a) or (b) have happened in relation to an executive officer of the corporation; (d) a matter (if any) prescribed by the rules; (e) such other matters (if any) as the Regulator considers relevant. Spent convictions (3) To avoid doubt, nothing in this section affects the operation of Part VIIC of the Crimes Act 1914. (4) Rules made for the purposes of paragraph (1)(l) or (2)(d) must not affect the operation of Part VIIC of the Crimes Act 1914.