Document ID: chunk:federal_register_of_legislation:C2024C00345:section:216
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 216
Character Range: 350339–352404

216  Application for leave to hold office in organisations by prospective candidate for office
 (1) A person who:
 (a) wants to be a candidate for election, or to be appointed, to an office in an organisation; and
 (b) within the immediately preceding 5 years:
 (i) has been convicted of a prescribed offence; or
 (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or
 (iii) has completed a suspended sentence in relation to a conviction for a prescribed offence;
may, subject to subsection (4), apply to the Federal Court for leave to hold office in organisations.
 (2) Where a person makes an application under subsection (1), the Court may:
 (a) grant the person leave to hold office in organisations; or
 (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:
 (i) the day on which the person was convicted of the prescribed offence;
 (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;
 (iii) if the person serves a term of imprisonment for the offence—the day on which the person is released from prison.
 (c) refuse a person leave to hold office in organisations.
 (3) A person who:
 (a) holds an office in an organisation; and
 (b) is convicted of a prescribed offence; and
 (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;
ceases to hold the office in the organisation.
 (4) A person is not entitled to make an application under this section in relation to the person's conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.