3LDetermining fit and proper person

3L Determining fit and proper person

(1) For subsection 11(2A) of the Act, in determining whether the applicant is a fit and proper person, the Regulator must have regard to the following matters: (a) whether the applicant has been convicted of an offence against any of the following: (i) a law of the Commonwealth, a State or a Territory, that relates to dishonest conduct; (ii) a law of the Commonwealth, a State or a Territory, that relates to the conduct of a business; (iii) section 136.1, 137.1 or 137.2 of the Criminal Code; (iv) a foreign law that corresponds to a law mentioned in subparagraphs (i) to (iii) or subparagraphs (b)(i) to (iv); (b) whether the applicant has breached any of the following: (i) this Act or these Regulations; (ii) the Australian National Registry of Emissions Units Act 2011 or regulations under that Act; (iii) the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations under that Act; (iv) the National Greenhouse and Energy Reporting Act 2007 or regulations under that Act; (c) whether an order has been made against the applicant under: (i) section 76 of the Competition and Consumer Act 2010; or (ii) section 224 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth, a State or a Territory; or (iii) a foreign law that corresponds to a law mentioned in subparagraphs (i) or (ii); (d) whether the applicant has been refused registration by, de‑registered by, or suspended from participating in, a State or Territory energy efficiency scheme, such as the following: (i) the Energy Savings Scheme in New South Wales; (ii) the Victorian Energy Efficiency Target scheme; (e) whether the applicant has: (i) sought or been granted accreditation by, or membership of, a clean energy organisation; or (ii) been refused accreditation by, or membership of, a clean energy organisation; or (iii) had the applicant’s accreditation by, or membership of, a clean energy organisation suspended or revoked; (f) whether the applicant is: (i) for an applicant that is an individual—an insolvent under administration within the meaning of the Corporations Act 2001; and (ii) for an applicant that is a body corporate—a Chapter 5 body corporate within the meaning of the Corporations Act 2001; (g) for an applicant that is a body corporate—whether overseas or under a foreign law: (i) the body corporate is being wound up; or (ii) a receiver, or a receiver and manager, has been appointed (whether or not by a court) in respect of the property of the body corporate and is acting; or (iii) the body corporate is under administration; or (iv) the body corporate has executed a deed of company arrangement that has not yet terminated; or (v) the body corporate is under restructuring; or (vi) the body corporate has made a restructuring plan that has not yet terminated; or (vii) the body corporate has entered into a compromise or arrangement with another person and the administration of which has not been concluded. (2) If the applicant is a body corporate, the Regulator must also have regard to the following matters: (a) whether an executive officer of the body corporate has been convicted of an offence against any of the following: (i) a law of the Commonwealth, a State or a Territory, that relates to dishonest conduct; (ii) a law of the Commonwealth, a State or a Territory, that relates to the conduct of a business; (iii) section 136.1, 137.1 or 137.2 of the Criminal Code; (iv) a foreign law that corresponds to a law mentioned in subparagraphs (i) to (iii) or subparagraphs (b)(i) to (iv); (b) whether an executive officer of the body corporate has breached any of the following: (i) this Act or these Regulations; (ii) the Australian National Registry of Emissions Units Act 2011 or regulations under that Act; (iii) the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations under that Act; (iv) the National Greenhouse and Energy Reporting Act 2007 or regulations under that Act; (c) whether an order has been made against an executive officer of the body corporate: (i) under section 76 of the Competition and Consumer Act 2010; or (ii) under section 224 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth, a State or a Territory; or (iii) under a foreign law that corresponds to a law mentioned in subparagraph (i) or (ii); or (iv) by a foreign court, disqualifying the executive officer from: (A) being a director of a body corporate; or (B) being concerned in the management of a body corporate; (d) whether an executive officer of the body corporate has been refused registration, de‑registered or suspended from participating in a State or Territory energy efficiency scheme, such as the following: (i) the Energy Savings Scheme in New South Wales; (ii) the Victorian Energy Efficiency Target scheme; (e) whether an executive officer of the body corporate has: (i) sought or been granted accreditation by, or membership of, a clean energy organisation; or (ii) been refused accreditation by, or membership of, a clean energy organisation; or (iii) had the executive officer’s accreditation by, or membership of, a clean energy organisation suspended or revoked. (3) For paragraphs (1)(e) and (2)(e), a clean energy organisation means an organisation that has a constitution and operates a scheme that: (a) accredits, or provides membership to, persons who do one or more of the following: (i) install small generation units or solar water heaters; (ii) supply small generation units or solar water heaters; (iii) create or trade in small‑scale technology certificates; and (b) has a code of conduct that is binding on persons who are accredited by, or members of, the organisation; and (c) monitors compliance with the code of conduct and is able to take action against a person who is accredited by, or a member of, the organisation for a breach of the code (such as by suspending the person’s accreditation or membership).