Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_215:p1
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 215 (pt 1/2)
Character Range: 294208–296787

215  Certain persons disqualified from holding office in organisations

 (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:
 (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:
 (i) the person was granted leave to hold office in organisations; or
 (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a period for the purposes of this subsection, and the period has elapsed since the person was convicted of the prescribed offence or, if the person served a term of imprisonment in relation to the prescribed offence, since the person was released from prison; or
 (b) in any other case—a period of 5 years has elapsed since the person was convicted of the prescribed offence or, if the person served a term of imprisonment in relation to the prescribed offence, since the person was released from prison.

 (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.

 (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:
 (a) except in a case to which paragraph (b) applies—within the period of 3 months after the date of the application; or
 (b) if the Court, on application by the person, has extended the period—within that period as extended;
the person ceases to hold the office at the end of the period of 3 months or the period as extended, as the case may be.

 (4) The Court must not, under paragraph (3)(b), extend a period for the purposes of subsection (3) unless:
 (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or
 (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.

 (5) An organisation, a member of an organisation or the Industrial Registrar may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:
 (a) a person is not, or was not, eligible to be a candidate for election,