Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:5_27c
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 5 cl 27C
Character Range: 630024–631889

27C  Disqualification order for contravention of civil penalty provision

 (1) The Court may disqualify a person from managing bodies corporate for a period that the Court considers appropriate if:
 (a) a declaration is made under clause 1 of Schedule 2 (civil penalty provision) that the person has contravened a civil penalty provision; and
 (b) the Court is satisfied that the disqualification is justified.

 (2) An application for a disqualification order under subsection (1) may be made by:
 (a) the Finance Minister; or
 (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 in relation to the management, business or property of any Commonwealth authority or other body corporate; and
 (b) any other matters that the Court considers appropriate.

 (4) If a disqualification order under subsection (1) is in force against a person, the person must not be a director of a Commonwealth authority except with the leave of the Court.

Maximum penalty:  Imprisonment for 1 year.

 (5) When granting leave under subsection (4), the Court may impose conditions or restrictions that the Court considers appropriate.

 (6) A person must not contravene a condition or restriction imposed under subsection (5).

Maximum penalty: Imprisonment for 1 year.

 (7) A person may only apply for leave under subsection (4) if he or she has given the Finance Minister at least 21 days notice of the application.

 (8) On the application of the Finance Minister, the Court may revoke leave granted under subsection (4).