Commonwealth Numbered Acts Commonwealth Numbered ActsMandatory cancellation
(1) The wheat export accreditation scheme must provide that WEA must cancel the accreditation of a company if:
(a) the company is neither:
(i) registered as a company under Part 2A.2 of the Corporations Act 2001 ; nor
(ii) a co‑operative; or
(b) the company is not a trading corporation to which paragraph 51(xx) of the Constitution applies; or
(c) WEA is satisfied that the company is not a fit and proper company, having regard to the following:
(i) the financial resources available to the company;
(ii) the company's risk management arrangements;
(iii) the company's business record;
(iv) the company's record in situations requiring trust and candour;
(v) the business record of each executive officer of the company;
(vi) the experience and ability of each executive officer of the company;
(vii) the record in situations requiring trust and candour of each executive officer of the company;
(viii) whether the company, or an executive officer of the company, has been convicted of an offence against an Australian law or a foreign law, where the offence relates to dishonest conduct;
(ix) whether the company, or an executive officer of the company, has been convicted of an offence against an Australian law or a foreign law, where the offence relates to the conduct of a business;
(x) whether an order for a pecuniary penalty has been made against the company, or an executive officer of the company, under section 1317G of the Corporations Act 2001 or section 76 of the Trade Practices Act 1974 ;
(xi) whether the company has contravened a condition of the company's accreditation under the wheat export accreditation scheme;
(xii) whether an executive officer of the company has been involved in a contravention of a condition of an accreditation under the wheat export accreditation scheme;
(xiii) whether the company, or an executive officer of the company, has been convicted of an offence against section 136.1, 137.1 or 137.2 of the Criminal Code ;
(xiv) whether the company, or an executive officer of the company, has committed or been involved in repeated contraventions, or a serious contravention, of a designated sanitary or phytosanitary measure;
(xv) whether the company, or an executive officer of the company, has committed or been involved in a contravention of a United Nations sanctions provision;
(xvi) whether the company, or an executive officer of the company, has committed or been involved in a contravention of an Australian law or a foreign law, where the contravention relates to trade in barley, canola, lupins, oats or wheat;
(xvii) such other matters (if any) as WEA considers relevant; or
(d) if the company, or an associated entity, is the provider of one or more port terminal services--WEA is satisfied that the company or associated entity, as the case may be, fails the access test in relation to any of those services; or
(e) if the wheat export accreditation scheme specifies one or more other grounds for mandatory cancellation--WEA is satisfied that at least one of those grounds is applicable to the company.
Discretionary cancellation
(2) The wheat export accreditation scheme must provide that WEA may cancel the accreditation of a company if:
(a) the company is an externally‑administered body corporate; or
(b) WEA is satisfied that the company has not complied with a condition of the company's accreditation under the wheat export accreditation scheme; or
(c) if the wheat export accreditation scheme specifies one or more other grounds for discretionary cancellation--WEA is satisfied that at least one of those grounds is applicable to the company.
(3) Subsection (1) does not limit subsection (2).
Fit and proper company--5‑year limit
(4) Subparagraphs (1)(c)(i) to (xvii) do not apply to an act, omission, matter or thing that occurred before the start of the 5‑year period that ended when the company first became accredited under the wheat export accreditation scheme.
Ancillary provisions
(5) For the purposes of the application of subparagraph (1)(c)(viii), (ix) or (xiii) to a person who is an executive officer of a company, it is immaterial whether a conviction occurred before or after the person became an executive officer of the company. This rule has effect subject to subsection (4).
(6) For the purposes of the application of subparagraph (1)(c)(x) to a person who is an executive officer of a company, it is immaterial whether an order for a pecuniary penalty was made before or after the person became an executive officer of the company. This rule has effect subject to subsection (4).
(7) For the purposes of the application of subparagraph (1)(c)(xii), (xiv), (xv) or (xvi) to a person who is an executive officer of a company, it is immaterial whether a contravention occurred before or after the person became an executive officer of the company. This rule has effect subject to subsection (4).
(8) For the purposes of paragraph (1)(c), it is immaterial whether an act, omission, matter or thing occurred before or after the commencement of this section. This rule has effect subject to subsection (4).
(9) Subparagraphs (1)(c)(i) to (xvi) do not limit subparagraph (1)(c)(xvii).
(10) This section extends to acts, omissions, matters and things outside Australia.
(11) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).