Document ID: chunk:federal_register_of_legislation:C2004A00751:clause:2_10:p1
Version: federal_register_of_legislation:C2004A00751
Segment Type: clause
Provision Reference: sch 2 cl 10 (pt 1/2)
Character Range: 14199–16918

10  At the end of Part 2.1
Add:

Division 10A—Disqualified individuals

10A‑1  Meaning of disqualified individual

 (1) For the purposes of this Act, an individual is a disqualified individual if:
 (a) the individual has been convicted of an indictable offence; or
 (b) the individual is an insolvent under administration; or
 (c) the individual is of unsound mind.

 (2) In this section:

indictable offence means:
 (a) an indictable offence against a law of the Commonwealth or of a State or Territory; or
 (b) an offence that:
 (i) is an offence against a law of a foreign country or of a part of a foreign country; and
 (ii) when committed, corresponds to an indictable offence against a law of the Commonwealth or of a State or Territory.

insolvent under administration has the same meaning as in the Superannuation Industry (Supervision) Act 1993.

 (3) Paragraph (1)(a) applies to a conviction, whether occurring before, at or after the commencement of this section.

 (4) For the purposes of this section, an individual who is one of the *key personnel of an applicant under section 8-2 is taken to be of unsound mind if, and only if, a registered medical practitioner has certified that he or she is mentally incapable of performing his or her duties as one of those key personnel.

 (5) For the purposes of this section, an individual who is one of the *key personnel of an approved provider is taken to be of unsound mind if, and only if, a registered medical practitioner has certified that he or she is mentally incapable of performing his or her duties as one of those key personnel.

 (6) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

10A‑2  Disqualified individual must not be one of the key personnel of an approved provider

Offence committed by approved providers

 (1) A *corporation is guilty of an offence if:
 (a) the corporation is an approved provider; and
 (b) a *disqualified individual is one of the corporation's *key personnel, and the corporation is reckless as to that fact.

Penalty: 300 penalty units.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

 (2) A *corporation that contravenes subsection (1) is guilty of a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

Offence committed by individuals

 (3) An individual is guilty of an offence if:
 (a) the individual is one of the *key personnel of an