Commonwealth Consolidated Acts Commonwealth Consolidated ActsCancellation on ground of non - compliance
(1) If:
(a) the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not complied with a provision of:
(i) this Chapter; or
(ii) Chapter 5; or
(iia) Chapter 5A; or
(iii) Chapter 6; or
(iv) Part 8.1; or
(v) the regulations; and
(b) the holder has been convicted of an offence relating to that non - compliance;
the responsible Commonwealth Minister may exercise a power of cancellation under subsection 447(1) on the ground of that non - compliance, even though the holder has been convicted of that offence.
(1A) If:
(a) a person has not complied with subsection 566N(1) or 566ZA(1) in relation to a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; and
(b) the person has been convicted of an offence relating to that non - compliance;
the responsible Commonwealth Minister may exercise a power of cancellation under subsection 447(1) on the ground of that non - compliance, even though the person has been convicted of that offence.
(2) If:
(a) a person who was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not complied with a provision of:
(i) this Chapter; or
(ii) Chapter 5; or
(iia) Chapter 5A; or
(iii) Chapter 6; or
(iv) Part 8.1; or
(v) the regulations; and
(b) the responsible Commonwealth Minister has exercised a power of cancellation under subsection 447(1) on the ground of that non - compliance;
the person may be convicted of an offence relating to the non - compliance, even though the responsible Commonwealth Minister has exercised that power of cancellation.
(2A) If:
(a) a person has not complied with subsection 566N(1) or 566ZA(1) in relation to a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; and
(b) the responsible Commonwealth Minister has exercised a power of cancellation under subsection 447(1) on the ground of that non - compliance;
the person may be convicted of an offence relating to the non - compliance, even though the responsible Commonwealth Minister has exercised that power of cancellation.
Cancellation on ground of non - payment
(3) If:
(a) the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not paid an amount payable by the holder under:
(i) this Act; or
(ii) section 10E of the Regulatory Levies Act;
within the period of 90 days after the day on which the amount became payable; and
(b) either:
(i) judgment for the amount has been obtained; or
(ii) the amount, or any part of the amount, has been paid or recovered;
the responsible Commonwealth Minister may exercise a power of cancellation under subsection 447(1) on the ground of that non - payment, even though:
(c) judgment for the amount has been obtained; or
(d) the amount, or a part of the amount, has been paid or recovered.
(4) If:
(a) a person who was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not paid an amount payable by the person under:
(i) this Act; or
(ii) section 10E of the Regulatory Levies Act;
within the period of 90 days after the day on which the amount became payable; and
(b) the responsible Commonwealth Minister has exercised a power of cancellation under subsection 447(1) on the ground of that non - payment;
the person continues to be liable to pay:
(c) that amount; and
(d) any late payment penalty relating to that amount;
even though the responsible Commonwealth Minister has exercised that power of cancellation.