Document ID: chunk:federal_register_of_legislation:C2016C00201:clause:6_67c
Version: federal_register_of_legislation:C2016C00201
Segment Type: clause
Provision Reference: sch 6 cl 67C
Character Range: 51836–53589

67C  Disqualification order for contravention of civil penalty provision by Board members
 (1) A relevant court may disqualify a Board member from holding a disqualifiable position for a period that the court considers appropriate if:
 (a) any of the following apply:
 (i) a court orders the Board member to pay a pecuniary penalty under section 82 of the Regulatory Powers (Standard Provisions) Act 2014 for contravening a civil penalty provision in this Act;
 (ii) a court orders the Board member to compensate the Board under section 67B of this Act;
 (iii) the relevant court is otherwise satisfied that a Board member has contravened a civil penalty provision in this Act; and
 (b) the court is satisfied that the disqualification is justified.
 (2) An application for a disqualification order under subsection (1) may only be made by the following persons:
 (a) the Finance Minister;
 (b) some other person authorised in writing by the Finance Minister, under this paragraph, to make the application.
An authorisation for the purposes of paragraph (b) may relate to applications in relation to specified contraventions, or to all contraventions, of civil penalty provisions.
 (3) In determining whether the disqualification is justified, the court may have regard to:
 (a) the person's conduct as a Board member; and
 (b) any other matters that the court considers appropriate.

Offence for contravening disqualification order
 (4) A person commits an offence if:
 (a) such a disqualification is in force against the person; and
 (b) the person holds a disqualifiable position.
Note: A person might not commit an offence if the person holds, with leave of the court, a disqualifiable position (see section 67D).
Penalty: Imprisonment for 1 year.