Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p83
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 83/175)
Character Range: 381036–383860

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.

279‑25  Court power of disqualification—repeated contraventions of Act
 (1) On application by the Registrar, the Court may disqualify a person from managing Aboriginal and Torres Strait Islander corporations for the period that the Court considers appropriate if:
 (a) the person:
 (i) has at least twice been an officer of a body corporate that has contravened this Act or the Corporations Act while the person was an officer of the body corporate and each time the person has failed to take reasonable steps to prevent the contravention; or
 (ii) has at least twice contravened this Act or the Corporations Act while the person was an officer of a body corporate; or
 (iii) has been an officer of a body corporate and has done something that would have contravened subsection 265‑1(1) or section 265‑5 if the body corporate had been an Aboriginal and Torres Strait Islander corporation; or
 (b) the Court is satisfied that the disqualification is justified.
 (2) For the purposes of subsection (1), a person is an officer of a Corporations Act corporation if the person is an officer of that corporation for the purposes of the Corporations Act.
 (3) 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.

279‑30  Registrar's power of disqualification

Power to disqualify
 (1) The Registrar may disqualify a person from managing Aboriginal and Torres Strait Islander corporations for up to 5 years if:
 (a) within 7 years immediately before the Registrar gives a notice under subparagraph (b)(i):
 (i) the person has been an officer of 2 corporations; and
 (ii) each of those corporations was either an Aboriginal and Torres Strait Islander corporation or a Corporations Act corporation; and
 (iii) while the person was an officer, or within 12 months after the person ceased to be an officer of those corporations, each of the corporations was wound up and a liquidator lodged a report under subsection 533(1) of the Corporations Act (including that section as applied by section 526‑35 of this Act) about the corporation's inability to pay its debts; and
 (b) the Registrar has given the person:
 (i) a written notice requiring them to demonstrate why the person should not be disqualified; and
 (ii) an opportunity to be heard on