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 2D - OFFICERS AND EMPLOYEES

View history reference

 View history note

 Hide history note

History

Chapter 2D substituted by No 156 of 1999, Sch 1 (effective 13 March 2000).

PART 2D.6 - DISQUALIFICATION FROM MANAGING CORPORATIONS

 View history note

 Hide history note

History

Part 2D.6 substituted by No 156 of 1999, Sch 1 (effective 13 March 2000).

SECTION 206C   COURT POWER OF DISQUALIFICATION - CONTRAVENTION OF CIVIL PENALTY PROVISION  

View history reference

206C(1)  [Power of Court]  

View history reference

On application by ASIC, the Court may disqualify a person from managing corporations for a period that the Court considers appropriate if:

(a)  a declaration is made under section 1317E (civil penalty provision) that the person has contravened a civil penalty provision; and

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

Note:

The civil penalty provisions are subsection 180(1) and (2), 181(1) and (2), 182(1) and (2), 183(1) and (2), 209(2), 254L(2), 256D(3), 259F(2), 260D(2) or 344(1) or section 588G.

206C(2)  [Relevant circumstances]  

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 corporation; and

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

 View history note

 Hide history note

History

S 206C inserted by No 156 of 1999, Sch 1 (effective 13 March 2000).

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.