Queensland Consolidated Acts

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 - SECT 196C

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.