Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The applicant must be a fit and proper person to be a registered greenhouse and energy auditor.
(2) In determining whether the applicant is a fit and proper person, the Regulator must have regard to the following:
(a) any conviction of the applicant (other than a spent conviction) for an offence against a law of the Commonwealth, a State or Territory or a foreign country (including a state or similar division of a foreign country) if the offence had an element of dishonesty;
(b) whether the applicant is the subject of any charge or other proceedings for an offence against a law of the Commonwealth, a State or Territory or a foreign country (including a state or similar division of a foreign country) if the offence has an element of dishonesty;
(c) any finding of civil liability for any breach of trust or other breach of fiduciary duty, dishonesty, negligence or recklessness in the course of the applicant's work within the 10 years immediately preceding the making of the application;
(d) whether the applicant:
(i) is or has been bankrupt or is applying to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(ii) has compounded with creditors or made an assignment of remuneration for their benefit;
(e) any statement by the applicant in the application that was false or misleading in a material particular;
(f) if any statement by the applicant in the application was false or misleading in a material particular--whether the applicant knew that the statement was false or misleading;
(g) whether the applicant has previously had his or her membership of a relevant professional body cancelled;
(h) if the applicant had previously been a registered greenhouse and energy auditor--any suspension of the applicant's registration or any deregistration.
(2A) In determining whether the applicant is a fit and proper person, the Regulator may also have regard to the following:
(a) whether the applicant has been subject to disciplinary action by a relevant professional body, and the outcomes of any such action;
(b) if the applicant is, or has been, registered as an auditor under another law of the Commonwealth or a law of a State or Territory--whether the applicant has been the subject of disciplinary action in relation to that registration, and the outcomes of any such action (including deregistration);
(c) any other relevant matter.
(3) In this regulation, spent , in relation to a conviction, has the same meaning as in Part VIIC of the Crimes Act 1914 .