Document ID: chunk:federal_register_of_legislation:C2024A00087:clause:2_853k
Version: federal_register_of_legislation:C2024A00087
Segment Type: clause
Provision Reference: sch 2 cl 853K
Character Range: 294073–296203

853K  When an individual is not a fit and proper person
 (1) ASIC must have regard to the matters set out in subsection (2) (subject to Part VIIC of the Crimes Act 1914) for the purposes of applying paragraph 853H(1)(c) of this Act to an individual.
Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve individuals from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
 (2) The matters are as follows:
 (a) whether the individual has ever been a core officer of an entity that has held:
 (i) an Australian market licence; or
 (ii) an Australian CS facility licence; or
 (iii) an Australian derivative trade repository licence; or
 (iv) a benchmark administrator licence;
  that has been suspended or cancelled;
 (b) whether any of the following has ever been made against the individual:
 (i) an FMI banning order;
 (ii) a banning order, or a disqualification order under Subdivision B of Division 8 of Part 7.6;
 (iii) a banning order, or a disqualification order, under Part 2‑4 of the National Consumer Credit Protection Act 2009;
 (c) whether the individual has ever been disqualified under this Act, or any other law of the Commonwealth or of a State or Territory, from managing corporations;
 (d) whether the individual has ever been banned from engaging in a credit activity (within the meaning of the National Consumer Credit Protection Act 2009) under a law of a State or Territory;
 (e) whether the individual has ever been linked to a refusal or failure to give effect to a determination made by AFCA;
 (f) whether the individual has ever been an insolvent under administration;
 (g) whether, in the last 10 years, the individual has been convicted of an offence;
 (h) any relevant information given to ASIC by a State or Territory, or an authority of a State or Territory, in relation to the individual;
 (i) any other matter prescribed by the regulations;
 (j) any other matter ASIC considers relevant.
Note: To work out whether an individual has been linked as described in paragraph (e), see section 910C.