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 1196 VARIATION OR REVOCATION OF BANNING ORDER ON APPLICATION

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1196(1) [Application for variation or revocation]

Subject to sections 1197 and 1200, this section has effect where a person applies to the Commission to vary or revoke a banning order relating to the person.

1196(2) [Grounds for variation]

If:

(a) the person is not an insolvent under administration;

(b) the Commission has no reason to believe that the person is not of good fame and character; and

(c) the Commission has no reason to believe that the person 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;

the Commission shall, by written order:

(d) if only one of subparagraphs (c)(i) and (ii) applies - vary the banning order so that it no longer prohibits the person from doing an act as a representative of a futures broker or of a futures adviser, as the case may be; or

(e) in any other case - revoke the banning order.

1196(3) [Refusal]

Otherwise, the Commission shall refuse the application.

1196(4) [Commission to have regard to conviction of serious fraud]

In determining whether or not it has reason to believe as mentioned in paragraph (2)(b) or (c), the Commission shall have regard to any conviction of the person, during the 10 years ending on the day of the application, of serious fraud.

1196(5) [Matters not limited]

Nothing in subsection (4) limits the matters to which the Commission may have regard:

(a) in deciding on the application; or

(b) in connection with performing or exercising any other function or power under this Part.

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