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 279-25   COURT POWER OF DISQUALIFICATION - REPEATED CONTRAVENTIONS OF ACT  

279-25(1)    
On application by the Registrar, the Court may disqualify a person from managing Aboriginal and Torres Strait Islander corporations for the period that the Court considers appropriate if:

(a)    the person:

(i) has at least twice been an officer of a body corporate that has contravened this Act or the Corporations Act while the person was an officer of the body corporate and each time the person has failed to take reasonable steps to prevent the contravention; or

(ii) has at least twice contravened this Act or the Corporations Act while the person was an officer of a body corporate; or

(iii) has been an officer of a body corporate and has done something that would have contravened subsection 265-1(1) or section 265-5 if the body corporate had been an Aboriginal and Torres Strait Islander corporation; or

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

279-25(2)    
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 .

279-25(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 Aboriginal and Torres Strait Islander corporation or Corporations Act corporation; and

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