Document ID: chunk:federal_register_of_legislation:C2004A00751:clause:2_10:p2
Version: federal_register_of_legislation:C2004A00751
Segment Type: clause
Provision Reference: sch 2 cl 10 (pt 2/2)
Character Range: 16685–19126

day of a conviction for the offence or any later day) during which the contravention continues.

Offence committed by individuals

 (3) An individual is guilty of an offence if:
 (a) the individual is one of the *key personnel of an approved provider; and
 (b) the approved provider is a *corporation; and
 (c) the individual is a *disqualified individual, and the individual is reckless as to that fact.

Penalty: Imprisonment for 2 years.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Validity of acts of disqualified individuals and corporations

 (4) An act of a *disqualified individual or a *corporation is not invalidated by the fact that this section is contravened.

10A‑3  Remedial orders

Unacceptable key personnel situation

 (1) For the purposes of this section, an unacceptable key personnel situation exists if:
 (a) an individual is one of the *key personnel of an approved provider; and
 (b) the approved provider is a *corporation; and
 (c) the individual is a *disqualified individual.

Grant of orders

 (2) If an unacceptable key personnel situation exists, the Federal Court may, on application by the Secretary, make such orders as the court considers appropriate for the purpose of ensuring that that situation ceases to exist.

 (3) In addition to the Federal Court's power under subsection (2), the court:
 (a) has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and
 (b) has power to make an order containing such ancillary or consequential provisions as the court thinks just.

Grant of interim orders

 (4) If an application is made to the Federal Court for an order under this section, the court may, before considering the application, grant an interim order directing any person to do or refrain from doing a specified act.

Notice of applications

 (5) The Federal Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.

Discharge etc. of orders

 (6) The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.

Definition

 (7) In this section:

Federal Court means the Federal Court of Australia.