Reg 13.19A repealed by SLI No 91 of 2015, reg 4 and Sch 1 item 39, effective 1 July 2015. For application and transitional provisions see note under Div
3A.4
heading. Reg 13.19A formerly read:
REGULATION 13.19A DISQUALIFICATION BY FEDERAL COURT
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MATTERS TO TAKE INTO ACCOUNT
13.19A(1)
For paragraph
126H(6)(a)
of the Act, the matters set out in this regulation are specified.
13.19A(2)
In relation to subsection
126H(3)
of the Act, the matters are:
(a)
whether the individual is, or has been, a disqualified person under Part
15
of the Act, as applied by Division 2 of Part 7 of the FHSA Act; and
(b)
whether the individual has contravened the FHSA Act (including provisions of the Act applied by Division 2 of Part 7 of the FHSA Act) on one or more occasions; and
(c)
the number, nature and seriousness of any contraventions of the FHSA Act (including applied provisions of the Act).
13.19A(3)
In relation to subsection
126H(4)
of the Act, the matters are:
(a)
whether the individual is, or has been, a responsible officer of a trustee, investment manager or custodian that is, or has been, a disqualified person under Part
15
of the Act, as applied by Division 2 of Part 7 of the FHSA Act; and
(b)
whether the individual is, or has been, a responsible officer of a trustee, investment manager or custodian that has contravened the FHSA Act (including provisions of the Act applied by Division 2 of Part 7 of the FHSA Act) on one or more occasions; and
(c)
the number, nature and seriousness of any contraventions of the FHSA Act (including applied provisions of the Act).
13.19A(4)
In relation to subsection
126H(5)
of the Act, the matters are:
(a)
whether the individual has engaged in conduct that relates to FHSA trusts within the meaning of the FHSA Act on one or more occasions; and
(b)
whether any conduct of that kind makes it reasonable to conclude that the individual is not a fit and proper person to be a person referred to in subsection
126H(2)
of the Act.
Reg 13.19A inserted by SLI No 171 of 2008, s 3 and Sch 1 item 5, effective 9 August 2008.
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