Petroleum (Onshore) Act 1991
24AFit and proper person consideration in making certain decisions about petroleum titles
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24A Fit and proper person consideration in making certain decisions about petroleum titles
24A Fit and proper person consideration in making certain decisions about petroleum titles
(1) Despite anything to the contrary in this Act, any of the following decisions under this Act may be made on the ground that, in the opinion of the Minister, a relevant person is not a fit and proper person (without limiting any other ground on which such a decision may be made)—
(a) a decision to refuse to grant or renew a petroleum title (a relevant person in such a case being an applicant for the grant or renewal of the petroleum title),
(b) a decision to refuse to transfer a petroleum title (a relevant person in such a case being the proposed transferee),
(c) a decision to cancel a petroleum title or to suspend operations under a petroleum title (in whole or in part), a relevant person in such a case being a holder of the petroleum title,
(d) a decision to restrict operations under a petroleum title by the imposition or variation of conditions of a petroleum title (a relevant person in such a case being a holder of the petroleum title).
(2) For the purpose of determining whether a person is a fit and proper person, the Minister may take into consideration any or all of the following matters (but without limiting the matters that can be taken into consideration for that purpose)—
(a) whether the person or (in the case of a body corporate) a director of the body corporate or of a related body corporate has compliance or criminal conduct issues (as defined in this section),
(b) in the case of a body corporate, whether a director of the body corporate or of a related body corporate is or has been a director of another body corporate that has compliance or criminal conduct issues (as defined in this section) but only if the person was a director of that other body corporate at the time of the conduct that resulted in the compliance or criminal conduct issues,
(c) the person’s record of compliance with relevant legislation (established to the satisfaction of the Minister),
(d) in the case of a body corporate, the record of compliance with relevant legislation (established to the satisfaction of the Minister) of any director of the body corporate or a related body corporate,