MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 5A General provisions about environmentally relevant activities
Part 4 Registration of suitable operators

[s 318R]


Division 3                   Investigating suitability

318R Investigation of applicant suitability or disqualifying
     events
           (1)   The chief executive may investigate a person or another entity
                 to help decide whether—
                 (a)   an applicant is suitable to be a registered suitable
                       operator; or
                 (b)   a disqualifying event has happened in relation to the
                       person or another person.
           (2)   The chief executive may obtain a report on the person from an
                 administering authority of another State under a
                 corresponding law about a matter mentioned in subsection (1).
           (3)   The commissioner of the police service must, if asked by the
                 chief executive, give the chief executive a written report about
                 any convictions, other than spent convictions, for
                 environmental offences recorded against the person obtained
                 from—
                 (a)   information in the commissioner’s possession; and
                 (b)   information the commissioner can reasonably obtain by
                       asking officials administering police services in other
                       Australian jurisdictions.
           (4)   In this section—
                 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.




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