Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:4_3
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 4 cl 3
Character Range: 204728–206125

3  After subsection 58(4A)
Insert:

When individual is disqualified—failure to pay funding charge
 (4B) For the purposes of subsection (2), an individual is disqualified at a particular time (the test time) if:
 (a) at any time before the test time, a carrier licence held by a body corporate or partnership was cancelled under subsection 72(2B) because of a failure by the body corporate or partnership to pay in full the charge referred to in that subsection; and
 (b) in the case of a body corporate—at the time when the charge referred to in subsection 72(2B) was due and payable, the individual was:
 (i) a director of the body corporate; or
 (ii) the secretary of the body corporate; or
 (iii) a person (by whatever name called and whether or not a director of the body corporate) who was concerned in, or took part in, the management of the body corporate; and
 (c) in the case of a partnership—at the time when the charge referred to in subsection 72(2B) was due and payable, the individual:
 (i) was an employee of the partnership; and
 (ii) was concerned in, or took part in, the management of the partnership; and
 (d) the individual:
 (i) aided, abetted, counselled or procured the failure of the body corporate or partnership; or
 (ii) was in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the failure of the body corporate or partnership.