Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p80
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 80/175)
Character Range: 373363–376169

subsection (1) if the person had permission to manage the corporation under either section 279‑30 or 279‑35 and the person's conduct was within the terms of that permission.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).
 (5) A person ceases to be a director, alternate director or a secretary of an Aboriginal and Torres Strait Islander corporation if:
 (a) the person becomes disqualified from managing Aboriginal and Torres Strait Islander corporations under this Part; and
 (b) the person is not given permission to manage the corporation under section 279‑30 or 279‑35.
Note: If a person ceases to be a director, alternate director or a secretary under subsection (5), the corporation must notify the Registrar (see subsection 304‑5(5)).

279‑5  Automatic disqualification

Convictions
 (1) A person becomes disqualified from managing Aboriginal and Torres Strait Islander corporations if the person:
 (a) is convicted on indictment of an offence that:
 (i) concerns the making, or participation in making, of decisions that affect the whole or a substantial part of the business of an Aboriginal and Torres Strait Islander corporation; or
 (ii) concerns an act that has the capacity to affect significantly the financial standing of an Aboriginal and Torres Strait Islander corporation; or
 (b) is convicted of an offence that:
 (i) is a contravention of this Act and is punishable by imprisonment for a period greater than 12 months; or
 (ii) involves dishonesty and is punishable by imprisonment for at least 3 months; or
 (c) is convicted of an offence against the law of a foreign country that is punishable by imprisonment for a period greater than 12 months.
The offences covered by paragraph (a) and subparagraph (b)(ii) include offences against the law of a foreign country.
 (2) The period of disqualification under subsection (1) starts on the day the person is convicted and lasts for:
 (a) if the person does not serve a term of imprisonment—5 years after the day on which the person is convicted; or
 (b) if the person serves a term of imprisonment—5 years after the day on which the person is released from prison.

Bankruptcy or personal insolvency agreement
 (3) A person is disqualified from managing Aboriginal and Torres Strait Islander corporations if the person is an undischarged bankrupt under the law of Australia, its external territories or another country.
 (4) A person is disqualified from managing Aboriginal and Torres Strait Islander corporations if:
 (a) the person has executed a personal insolvency agreement under:
 (i) Part X of the Bankruptcy Act 1966; or
 (ii) a similar law of an external Territory or a foreign country; and
 (b) the terms of the agreement have not been