10BFit and proper person

10B Fit and proper person In determining whether a person is a fit and proper person, the ESC may have regard to any relevant matter, including the following— (a) a finding of guilt in relation to the person's commission of an offence against this Act or regulations made under it; (b) a finding of guilt, within the preceding 10 years, in relation to the person's commission of— (i) an indictable offence; or (ii) an offence that, if committed in Victoria, would constitute an indictable offence; or (iii) an offence under any law of the Commonwealth, or another State or a Territory, regulating an energy efficiency regime; (c) a finding of guilt in relation to the person's commission of an offence involving dishonesty or fraud; (d) a pending charge for an alleged commission by the person of an offence specified in paragraph (a), (b) or (c); (e) a failure to comply with— (i) any provision of this Act or regulations made under it; or (ii) any conditions of accreditation; (f) any improper or adverse conduct engaged in by the person, including— (i) a failure to disclose any information that has been requested of the person by the ESC or that is otherwise required to be provided under this Act or regulations made under it; or (ii) misleading, false or deceptive conduct; (g) if the person has been accredited under this Act or under a law of another State or Territory or of the Commonwealth relating to an energy efficiency program— (i) a suspension, revocation or cancellation of accreditation or disqualification from applying for accreditation; and (ii) the reason for the suspension, revocation, cancellation or disqualification; (h) if the person has held an account for the holding, transfer and surrender of certificates under this Act or under a law of another State or Territory or of the Commonwealth relating to an energy efficiency program— (i) a suspension or cancellation of the person's account; and (ii) the reason for the suspension or cancellation; (i) the person becoming or having been insolvent; (j) the person becoming or having been an officer of an externally-administered company under the Corporations Act; (k) a failure to comply with an order or decision made by— (i) a court, VCAT or ESC under this Act; or (ii) a court or tribunal under a law of the Commonwealth or another State or a Territory relating to an energy efficiency regime; S. 10B(ka) inserted by No. 15/2025 s. 25. (ka) a contravention by the person of section 40AC(5); (l) a failure to disclose any of the above matters; (m) any other prescribed matter. S. 10C inserted by No. 34/2022 s. 9.