9Fit and proper persons

#### 9 Fit and proper persons 9 Fit and proper persons > > (1) For the purposes of section 24(6) of the Act, the Minister may consider the following matters in determining whether an applicant for a Scheme administration agreement is a fit and proper person— > > > > > (a) whether the applicant has contravened a provision of any of the environment protection legislation, > > > > > (b) whether the applicant has contravened a provision of any other Scheme administration agreement, > > > > > (c) whether, if the applicant is a body corporate, a director of the body corporate is or has been the director of another body corporate that— > > > > > > > (i) has contravened a provision of any of the environment protection legislation, or > > > > > > > (ii) has contravened a provision of any other Scheme administration agreement, > > > > > (d) whether the applicant, in the previous 10 years, has been convicted in New South Wales or elsewhere of an offence involving fraud or dishonesty, > > > > > (e) whether the applicant, during the previous 3 years, was an undischarged bankrupt or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit, > > > > > (f) if the applicant is an individual, whether he or she is or was a director of a body corporate that is the subject of a winding up order or for which a controller or administrator has been appointed during the previous 3 years, > > > > > (g) if the applicant is a body corporate, whether the body corporate is the subject of a winding up order or has had a controller or administrator appointed during the previous 3 years, > > > > > (h) whether, in the opinion of the Minister, the applicant has the knowledge, skills and experience required to fulfil the applicant’s obligations under the proposed agreement, > > > > > (i) whether, in the opinion of the Minister, the applicant is of good repute, having regard to character, honesty and integrity, > > > > > (j) whether the applicant has demonstrated to the Minister the financial capacity to comply with the applicant’s obligations under the proposed agreement, > > > > > (k) whether the applicant is in partnership, in connection with activities that are subject to a Scheme administration agreement or the proposed agreement, with a person whom the Minister does not consider to be a fit and proper person under paragraphs (a)–(j). > > > (2) A reference in subclause (1)(a), (c) or (h) to an applicant includes, if the applicant is a body corporate, a reference to a director of the body corporate. > > > (3) Without limiting subclause (1), the Minister may disregard contraventions referred to in that subclause having regard to the seriousness of the contraventions, the length of time since they occurred, and other matters that appear relevant to the Minister. > > > (4) In this clause, environment protection legislation has the same meaning as in the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060).