Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 6 - OFFICERS  

PART 6-5 - DISQUALIFICATION FROM MANAGING CORPORATIONS  

Division 279 - Disqualification from managing corporations  

SECTION 279-15   COURT POWER OF DISQUALIFICATION - CONTRAVENTION OF CIVIL PENALTY PROVISION  

279-15(1)    
On application by the Registrar, the Court may disqualify a person from managing Aboriginal and Torres Strait Islander corporations for a period that the Court considers appropriate if:

(a)    a declaration is made under:

(i) section 386-1 (civil penalty provision) that the person has contravened a civil penalty provision; or

(ii) section 1317E of the Corporations Act (civil penalty provision) that the person has contravened a corporation/scheme civil penalty provision (within the meaning of that Act); and

(b)    the Court is satisfied that the disqualification is justified.

279-15(2)    
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 Aboriginal and Torres Strait Islander corporation or Corporations Act corporation; and

(b)    any other matters that the Court considers appropriate.