Queensland Numbered Acts Queensland Numbered ActsAfter section 196 —
insert—
196A Definitions for chapter In this chapter—
"applicant" —(a) for an application for the grant of a prescribed resource authority—see section 196C(1)(a); or(b) for a tender for a prescribed resource authority—see section 196C(1)(b); or(c) for an application for approval of a prescribed dealing that is a transfer of a prescribed resource authority or a share in a prescribed resource authority—see section 196C(1)(c).
"associate" , of an applicant for a prescribed matter, means either—(a) an entity the decision-maker for the prescribed matter considers is in a position to control or substantially influence the applicant’s affairs in connection with the prescribed resource authority the subject of the prescribed matter; or(b) if the applicant is a body corporate—(i) a director of the applicant; or(ii) if the applicant is a subsidiary of another body corporate (the
"parent company" )—(A) the parent company; or(B) a director of the parent company.
"criminal history" , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.
"decision-maker" , for a prescribed matter, means the Minister.
"director" , of a body corporate, has the meaning given by the Corporations Act, section 9.
"prescribed matter" see section 196B.
"prescribed resource authority" means—(a) any of the following under the Mineral Resources Act—(i) a mining claim;(ii) an exploration permit;(iii) a mineral development licence;(iv) a mining lease; or(b) any of the following under the P&G Act—(i) an authority to prospect;(ii) a petroleum lease;(iii) a pipeline licence;(iv) a petroleum facility licence; or(c) a lease under the 1923 Act; or(d) any of the following under the Geothermal Act—(i) a geothermal exploration permit;(ii) a geothermal production lease; or(e) any of the following under the Greenhouse Gas Act—(i) a GHG exploration permit;(ii) a GHG injection and storage lease.
"spent conviction" means a conviction—(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and(b) that is not revived as prescribed by section 11 of that Act.
196B Application of chapter This chapter applies in relation to each of the following (each a
"prescribed matter" )—(a) an application for the grant of a prescribed resource authority;(b) a tender for a prescribed resource authority;(c) an application for approval of a prescribed dealing that is a transfer of a prescribed resource authority or a share in a prescribed resource authority.
196C Disqualification from grant or transfer of resource authority(1) The decision-maker for the prescribed matter may decide—(a) for an application for the grant of a prescribed resource authority—the entity making the application (the
"applicant" ) is disqualified from being granted the authority; or(b) for a tender for a prescribed resource authority—the entity making the tender (also the
"applicant" ) is disqualified from being granted the authority; or(c) for an application for approval of a prescribed dealing that is a transfer of a prescribed resource authority or a share in a prescribed resource authority—the intended transferee (also the
"applicant" ) is disqualified from being transferred the authority.(2) In making a decision under subsection (1), the decision-maker may consider the following matters—(a) whether the applicant, or an associate of the applicant, has contravened this Act or a Resource Act, other than the P&G Act, chapter 9;(b) whether the applicant, or an associate of the applicant, has been convicted of an offence against—(i) this Act or a Resource Act; or(ii) the Coal Mining Safety and Health Act 1999 ; or(iii) the Environmental Protection Act 1994 ; or(iv) the Mining and Quarrying Safety and Health Act 1999 ; or(v) the Water Act 2000 ;(c) whether the applicant, or an associate of the applicant, has been convicted of an offence against a corresponding law;(d) whether the applicant, or an associate of the applicant, has, within 10 years before the application or tender was made, been convicted of an offence involving fraud or dishonesty;(e) whether the applicant, or an associate of the applicant, is an insolvent under administration;(f) whether the applicant, or an associate of the applicant, is or was, within 10 years before the application or tender was made, a director of a body corporate that is or was the subject of a winding-up order or for which a controller or administrator is or was appointed;(g) whether the applicant, or an associate of the applicant, is disqualified from managing corporations because of the Corporations Act, part 2D.6;(h) submissions, if any, made under section 196G;(i) any other matter the decision-maker considers relevant to making the decision.(3) However, the decision-maker may disregard a contravention, or conviction for an offence, mentioned in subsection (2) having regard to—(a) the degree of seriousness of the contravention or offence; and(b) the degree of harm caused by the contravention or offence; and(c) the length of time that has elapsed from the commission of the contravention or offence; and(d) the extent to which the applicant or associate was involved in the commission of the contravention or offence; and(e) any other matter the decision-maker considers relevant.(4) In this section—
"corresponding law" means a law of the Commonwealth or another State that—(a) provides for the same, or substantially the same, matter as an Act mentioned in subsection (2)(b); or(b) is prescribed by regulation for this definition.
196D Requirement for further information(1) The decision-maker for a prescribed matter may, before deciding an applicant for the matter is disqualified under section 196C, require the applicant to give the decision-maker further information or a document the decision-maker requires to make the decision.(2) The requirement must—(a) be made by notice given to the applicant; and(b) state a period of at least 10 business days within which the applicant must comply with the requirement.(3) The decision-maker may extend the period mentioned in subsection (2)(b) by notice given to the applicant.(4) If the applicant does not comply with the requirement, the decision-maker may make a decision under section 196C without the further information or document.
196E Criminal history check(1) To help decide whether an applicant for a prescribed matter is disqualified under section 196C, the decision-maker for the matter may ask the police commissioner for a report about the criminal history of the applicant or an associate of the applicant.(2) However, the decision-maker may make the request only if the applicant, or associate of the applicant, has given the decision-maker written consent for the request.(3) The police commissioner must comply with the request.(4) However, subsection (3) applies only to information in the police commissioner’s possession or to which the commissioner has access.(5) If the criminal history of the person includes a conviction recorded against the person, the police commissioner’s report must be written.(6) The decision-maker must destroy the report as soon as practicable after the decision under section 196C is made.
196F Costs of criminal history report(1) The decision-maker for a prescribed matter may require an applicant for the matter to pay the reasonable, but no more than actual, costs of obtaining a report under section 196E about the applicant or an associate of the applicant.(2) The decision-maker for a prescribed matter must refund to the applicant an amount paid under subsection (1) if—(a) the decision-maker refuses the application without asking for the report; or(b) the applicant withdraws the application before the decision-maker asks for the report.
196G Notice of intended disqualification(1) The decision-maker for a prescribed matter must, before deciding an applicant for the matter is disqualified under section 196C, give the applicant a notice stating—(a) the proposed decision; and(b) the reasons for the proposed decision; and(c) that the applicant may, within 20 business days after the notice is given, make submissions to the decision-maker about the proposed decision.(2) The decision-maker may extend the period mentioned in subsection (1)(c) by notice given to the applicant.
196H Notice of disqualification(1) This section applies if a decision-maker for a prescribed matter decides an applicant for the matter is disqualified under section 196C.(2) The decision-maker must, as soon as practicable after making the decision, give the applicant a notice stating the decision and the reasons for the decision.