Commonwealth Consolidated Regulations

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WATER REGULATIONS 2008 - REG 10AA.01

Matters to which Inspector - General must have regard in deciding whether contractor is fit and proper to be authorised compliance officer

    For the purposes of paragraph   222G(5)(a) of the Act, the matters to which the Inspector - General must have regard in deciding whether an individual is fit and proper to be an authorised compliance officer are as follows:

  (a)   whether the individual has appropriate training;

  (b)   whether the individual has been convicted of an offence against the Water Act 2007 or a law of a State or Territory relating to water management;

  (c)   whether an infringement notice has been issued to the individual for contravention of a civil penalty provision of the Water Act 200 7 or a provision of a law of a State or Territory relating to water management;

  (d)   whether the individual has been ordered to pay a pecuniary penalty for contravention of a civil penalty provision of the Water Act 200 7 or a law of a State or Territory relating to water management;

  (e)   whether the individual has been convicted within the preceding 10 years of an indictable offence, punishable by a period of 12 months imprisonment or more, against a law of the Commonwealth, or a State or Territory;

  (f)   whether the individual has been convicted of an offence against a law of the Commonwealth, or a State or Territory, involving:

  (i)   entry onto premises; or

  (ii)   fraud or dishonesty; or

  (iii)   intentional use of violence against another person or intentional damage or destruction of property.

Note 1:   In making the decision, the Inspector - General may also have regard to any other matter the Inspector - General considers appropriate (see paragraph   222G(5)(b) of the Act).

Note 2:   Application may be made to the Administrative Review Tribunal for review of a decision by the Inspector - General that an individual is not fit and proper to be an authorised compliance officer (see subsection   222G(6) of the Act).



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