Certain acts are prescribed matters that we must consider in determining fit and proper person status. This includes conviction for certain offences or breaches of schemes we administer.
We also have wide discretion to take into account any other matter we consider relevant to whether you have and continue to have:
- necessary skills
- capability and competency
- good business practices
- integrity and good character.
Find out more about the different fit and proper person requirements for each scheme.
Australian Carbon Credit Unit (ACCU) Scheme
- a history of insolvency or involvement with companies that have gone into administration or been liquidated
- breaches of Australian Financial Service licensee obligations
- commencement of a power of attorney in relation to an executive officer resulting from that officer’s incapacity to perform the functions of their office
- compliance with other relevant laws or schemes
- compliance with industry codes of conduct
- engaging in unfair business practices (for example, unclear or unfair contract terms, or failing to pay clients or landholders)
- failing to comply with audit obligations (for example, failing to undertake a compliance audit when directed)
- failing to comply with an enforceable undertaking
- failing to deliver contractual obligations under carbon abatement contracts
- failing to meet obligations under the Corporations Act 2001 (for example, the use of ‘straw directors’)
- failing to notify us of events that may be relevant to our assessment of whether you are fit and proper
- failing to have systems and processes in place to enable you to meet your obligations under the scheme including meeting reporting, monitoring, and record keeping requirements
- indications illegal phoenix activity may be occurring
- making false or misleading statements to us or providing false data
- non-payment to landholders under contract
- not providing reasonable assistance to an auditor.
There are different FPP requirements for carbon service providers. Read our carbon service provider fit and proper person guide.
Australian National Registry of Emissions Units (ANREU)
- a history of insolvency or involvement with companies that have gone into administration or been liquidated
- breaches of Australian Financial Service licensee obligations
- commencement of a power of attorney in relation to an authorised representative or executive officer resulting from that person’s incapacity to perform their functions
- compliance with other relevant laws or schemes
- compliance with industry codes of conduct
- engaging in market manipulation or misconduct (for example, insider trading)
- failing to comply with audit obligations (for example, failing to undertake a compliance audit when directed)
- failing to comply with an enforceable undertaking
- failing to meet obligations under the Corporations Act 2001 (for example, the use of ‘straw directors’)
- failing to notify us of events that may be relevant to our assessment of whether you are fit and proper
- failing to prevent unauthorised access to our systems (for example, sharing of account user details)
- failing to have systems and processes in place to enable you to meet your obligations under the scheme including meeting reporting, monitoring and record-keeping requirements
- indications illegal phoenix activity may be occurring
- misrepresenting themselves (or their company), products or services to seem more environmentally friendly, sustainable or ethical than they are (known as greenwashing)
- making false or misleading statements to us or providing false data
- non-payment to landholders under contract
- previous dealings with landholders.
Renewable Energy Target (RET)
- a history of insolvency or involvement with companies that have gone into administration or been liquidated
- bringing the scheme into disrepute
- compliance with other relevant laws or schemes
- compliance with industry codes of conduct
- engaging in unfair business practices (for example, unclear or unfair contract terms, or failing to pay customers)
- failing to comply with an enforceable undertaking
- failing to meet obligations under the Corporations Act 2001 (for example, use of ‘straw directors’)
- failing to have systems and processes in place to enable you to meet your obligations under the scheme including meeting reporting, monitoring and record-keeping requirements
- indications illegal phoenix activity may be occurring
- making false or misleading statements to us or providing false data.
We will disclose allegations about registered agents engaging in unfair business practices to relevant agencies such as the Australian Competition and Consumer Commission and state and territory fair-trading bodies.