Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p84
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 84/175)
Character Range: 383624–386576

Act) about the corporation's inability to pay its debts; and
 (b) the Registrar has given the person:
 (i) a written notice requiring them to demonstrate why the person should not be disqualified; and
 (ii) an opportunity to be heard on the question; and
 (c) the Registrar is satisfied that the disqualification is justified.
 (2) A notice under subsection (1) is not a legislative instrument.
 (3) For the purposes of subsection (1), a person is an officer of a Corporations Act corporation if the person is an officer of that corporation for the purposes of the Corporations Act.

Grounds for disqualification
 (4) In determining whether disqualification is justified, the Registrar:
 (a) must have regard to whether any of the Aboriginal and Torres Strait Islander corporations or Corporations Act corporations mentioned in subsection (1) were related to one another; and
 (b) may have regard to:
 (i) the person's conduct in relation to the management, business or property of any Aboriginal and Torres Strait Islander corporation or Corporations Act corporation; and
 (ii) whether the disqualification would be in the public interest; and
 (iii) any other matters that the Registrar considers appropriate.

Notice of disqualification
 (5) If the Registrar disqualifies a person from managing Aboriginal and Torres Strait Islander corporations under this section, the Registrar must give a written notice to the person advising the person of the disqualification.

Start of disqualification
 (6) The disqualification takes effect from the time when a notice referred to in subsection (5) is served on the person.

Registrar power to grant leave
 (7) The Registrar may give a person whom:
 (a) the Registrar has disqualified from managing Aboriginal and Torres Strait Islander corporations under this Part; or
 (b) ASIC has disqualified from managing corporations under Part 2D.6 of the Corporations Act;
written permission to manage a particular Aboriginal and Torres Strait Islander corporation or corporations. The permission may be expressed to be subject to conditions and exceptions determined by the Registrar.
 (8) A permission under subsection (7) is not a legislative instrument.

279‑35  Court power to grant leave
 (1) A person who is disqualified from managing Aboriginal and Torres Strait Islander corporations may apply to the Court for leave to manage:
 (a) Aboriginal and Torres Strait Islander corporations; or
 (b) a particular class of Aboriginal and Torres Strait Islander corporation; or
 (c) a particular Aboriginal and Torres Strait Islander corporation.
 (2) Subsection (1) does not apply if the person:
 (a) was disqualified by the Registrar under section 279‑30; or
 (b) was disqualified under subsection 279‑5(5) because ASIC disqualified the person from managing corporations under section 206F or 206GAA of the Corporations Act.
 (3) The person must lodge a notice with the Registrar at least 21 days before commencing