Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p46
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 113031–115678

or more of the occasions when the relevant person breached relevant legislation, he was a relevant officer of a corporation (whether or not he was a relevant officer of the same corporation on each of those occasions); or
     (d) that, at any time during a period in which a person (in this sub-section also referred to as the 'relevant person') has been or was a relevant officer of a corporation, the relevant person acted dishonestly, or failed to exercise a reasonable degree of care and diligence, in the performance of his duties as an officer of the corporation,
the Court may, in its discretion, by order prohibit the relevant person, for such period as is specified in the order, from being a director or promoter of, or from being in any way (whether directly or indirectly) concerned in or taking part in the management of, a corporation.
"(2) Where an order has been made under sub-section (1) on the application of a person other than the Commission, the person shall, within 7 days after the making of the order, lodge with the Commission an office copy of the order.
"(3) A person shall not contravene an order made under sub-section (1) that is applicable to him.
Penalty: $5,000 or imprisonment for one year, or both.
"(4) A person shall not contravene an order made under a provision of a law of a State or of another Territory that corresponds with sub-section (1), being an order that is applicable to him.
Penalty: $5,000 or imprisonment for one year, or both.
"(5) In this section—
     (a) a reference to a contravention of, or a failure to comply with, a provision of a relevant Act includes a reference to such a contravention or failure to comply that occurred before the commencement of section 70 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1983; and
     (b) a reference to a period in which a person has been or was a relevant officer of a corporation includes a reference to such a period that elapsed, or part of which elapsed, before that commencement.
"(6) For the purposes of this section—
     (a) a corporation or other person shall be taken to have breached relevant legislation if the corporation or other person has contravened or failed to comply with a provision of a relevant Act; and

     (b) a corporation or another person may be taken to have breached relevant legislation repeatedly if the corporation or the other person has—
          (i) on 2 or more occasions, contravened or failed to comply with a particular provision of a relevant Act;
          (ii) contravened or failed to comply with 2 or more provisions of a relevant Act; or
          (iii) contravened