Commonwealth Numbered Acts

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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 No. 78, 1993 - SECT 120

Disqualified persons Individuals
120.(1) For the purposes of this Part, an individual is a disqualified person
if:

   (a)  at any time (including a time before the commencement of this
        section):

        (i)    the individual was convicted of an offence against or arising
               out of a law of the Commonwealth, a State, a Territory or a
               foreign country, being an offence in respect of dishonest
               conduct; or

        (ii)   a civil penalty order was made in relation to the person; or

   (b)  the person is an insolvent under administration. Bodies corporate

(2) For the purposes of this Part, a body corporate is a disqualified person
if:

   (a)  both:

        (i)    a responsible officer of the body is a disqualified person; and

        (ii)   the responsible officer was a disqualified person at all times
               during the immediately preceding period of 28 days; or

   (b)  a receiver, or a receiver and manager, has been appointed in respect
        of property beneficially owned by the body; or

   (c)  an official manager or deputy official manager has been appointed in
        respect of the body; or

   (d)  a provisional liquidator has been appointed in respect of the body; or

   (e)  the body has begun to be wound up. Convictions

(3) A reference in this section to a person who has been convicted of an
offence includes a reference to a person in respect of whom an order has been
made under section 19B of the Crimes Act 1914, or under a corresponding
provision of a law of a State, a Territory or a foreign country, in relation
to the offence. Law on spent convictions does not apply

(4) Division 3 of Part VIIC of the Crimes Act 1914 does not apply in relation
to the disclosure of information about a conviction of the kind mentioned in
paragraph (1)(a), if the disclosure is for the purposes of this Part. 


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