When determining, for the purposes of this Part, whether a person is a fit and proper person to operate a thermal waste to energy facility, the Head, Recycling Victoria may have regard to any relevant matter including, but not limited to—
(a) whether the person has been convicted or found guilty of an offence against this Act or the regulations; or
(b) whether the person has been convicted or found guilty of an offence against the Corporations Act; or
(c) whether the person has, within the preceding 10 years, been convicted or found guilty of—
(i) an indictable offence; or
(ii) an offence that, if committed in Victoria, would constitute an indictable offence; or
(iii) an offence involving fraud or dishonesty; or
(iv) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i) or (iii); or
(v) an offence against a law of another State or a Territory that regulates the supply of energy; or
(d) whether the person is charged with an offence described in paragraph (a) or (c) and the charge has not been finally dealt with; or
(e) whether the person is contravening or has contravened a provision of this Act or the regulations; or
(f) if the person holds or has held a waste to energy licence, or any licence or permit issued under a law of another State or a Territory that the Head, Recycling Victoria considers to be the equivalent of a waste to energy licence—
(i) whether the person is not complying or has not complied with that licence; or
(ii) whether that licence is or has been suspended or revoked; or
(g) whether the person is an insolvent under administration; or
(h) whether the person is an externally-administered company under the Corporations Act; or
(i) whether the person has failed to comply with the order of any court or tribunal; or
(j) any prescribed matter.
S. 74ZK inserted by No. 36/2022 s. 14.