THE CORPORATIONS LAW

CCH Note: Part 13 of the Corporations Act 1989, inserted by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as follows:

PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW 82
The Corporations Law is as follows:...

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.3 - PARTICIPANTS IN THE FUTURES INDUSTRY

Division 5 - Excluding persons from the futures industry

SECTION 1193 POWER TO MAKE BANNING ORDER AGAINST UNLICENSED PERSON

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1193 Subject to section 1200, the Commission may make a banning order against a natural person (other than a licensee) if:

(a) he or she becomes an insolvent under administration;

(b) he or she is convicted of serious fraud;

(c) he or she becomes incapable, through mental or physical incapacity, of managing his or her affairs;

(d) he or she contravenes a futures law;

(e) the Commission has reason to believe that he or she is not of good fame and character;

(f) the Commission has reason to believe that he or she has not performed efficiently, honestly and fairly the duties of:

(i) a representative of a futures broker; or

(ii) a representative of a futures adviser; or

(g) the Commission has reason to believe that he or she will not perform efficiently, honestly and fairly the duties of:

(i) a representative of a futures broker; or

(ii) a representative of a futures adviser.

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