24FSuitability requirements—Act, s 64H (5)

24F Suitability requirements—Act, s 64H (5) (1) In deciding whether a person is a suitable person to be a scheme coordinator or network operator, the Minister must consider the following: (a) whether the person has been convicted, or found guilty, of an offence against a relevant law; (b) whether the person has contravened a provision of a scheme administration agreement under the Act or a corresponding law of a State; (c) if the applicant is a corporation—whether a director of the corporation is or has been a director of another corporation that has contravened a provision of— (i) a relevant law; or (ii) a scheme administration agreement under the Act or a corresponding law of a State; (d) whether the person has been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence involving fraud or dishonesty;

General Division 4A.1 Section 24F (e) whether the person is, or at any time in the last 3 years has been, bankrupt or personally insolvent; Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1. (f) if the applicant is an individual—whether the person has, at any time in the last 3 years, been involved in the management of a corporation when— (i) the corporation became the subject of a winding-up order; or (ii) a controller or administrator was appointed; (g) if the applicant is a corporation—whether the corporation— (i) is the subject of a winding-up order; or (ii) has had a controller or administrator appointed at any time in the last 3 years; (h) whether, in the opinion of the Minister, the person has the knowledge, skills and experience required to fulfil the person’s obligations as a scheme coordinator or network operator; (i) whether the person can demonstrate the financial capacity to comply with the person’s obligations under the proposed agreement; (j) whether the person is in a partnership, in relation to activities that are subject to a scheme administration agreement or proposed agreement, with a person the Minister decides is not a suitable person to be a scheme coordinator or network operator. (2) If the applicant is a corporation, a reference in subsection (1) (a) or (h) to a person includes a reference to a director of the corporation.

Section 24G page 32 Waste Management and Resource Recovery (3) In this section: relevant law means— (a) the Act; and (b) the Environment Protection Act 1997; and (c) the Litter Act 2004.