Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p81
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 81/175)
Character Range: 375947–378860

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 fully complied with.

Disqualification under Corporations Act
 (5) A person is disqualified from managing Aboriginal and Torres Strait Islander corporations at a particular time if the person is, at that time, disqualified from managing Corporations Act corporations under Part 2D.6 of the Corporations Act.

279‑10  Extension of period of automatic disqualification
 (1) This section applies if:
 (a) under subsection 279‑5(1); or
 (b) as a result of the operation of subsection 206B(1) of the Corporations Act and subsection 279‑5(5) of this Act;
a person is disqualified from managing Aboriginal and Torres Strait Islander corporations on being convicted of an offence.
 (2) On application by the Registrar, the Court may extend by up to an additional 15 years the period of disqualification.
 (3) The Registrar must apply:
 (a) before the period of disqualification begins; or
 (b) before the end of the first year of the disqualification.
 (4) The Registrar may apply only once in relation to the disqualification.
 (5) In determining whether an extension is justified (and if so, for how long), the Court may have regard to any matters that the Court considers appropriate.

279‑15  Court power of disqualification—contravention of civil penalty provision
 (1) On application by the Registrar, the Court may disqualify a person from managing Aboriginal and Torres Strait Islander corporations for a period that the Court considers appropriate if:
 (a) a declaration is made under:
 (i) section 386‑1 (civil penalty provision) that the person has contravened a civil penalty provision; or
 (ii) section 1317E of the Corporations Act (civil penalty provision) that the person has contravened a corporation/scheme civil penalty provision (within the meaning of that Act); and
 (b) the Court is satisfied that the disqualification is justified.
 (2) In determining whether the disqualification is justified, the Court may have regard to:
 (a) the person's conduct in relation to the management, business or property of any Aboriginal and Torres Strait Islander corporation or Corporations Act corporation; and
 (b) any other matters that the Court considers appropriate.

279‑20  Court power of disqualification—insolvency and non‑payment of debts
 (1) On application by the Registrar, the Court may disqualify a person from managing Aboriginal and Torres Strait Islander corporations for up to 20 years if:
 (a) within the last 7 years, the person has been an officer of 2 or more corporations when they have failed in the circumstances referred to in subsection (2); and
 (b) each of those corporations was either an Aboriginal and Torres Strait Islander corporation or Corporations Act