Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_216
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 216
Character Range: 297254–298744

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) has been, within the immediately preceding period of 5 years, convicted of a prescribed offence or released from prison after serving a term of imprisonment 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; or
 (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.