Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 - SECT 206B

Automatic disqualification

Convictions

(1) A person becomes disqualified from managing corporations if the person:

(a)
is convicted on indictment of an offence that:

(i)
concerns the making, or participation in making, of decisions that affect the whole or a substantial part of the business of the corporation; or
(ii)
concerns an act that has the capacity to affect significantly the corporation's financial standing; or
(b)
is convicted of an offence that:

(i)
is a contravention of this Act and is punishable by imprisonment for a period greater than 12 months; or
(ii)
involves dishonesty and is punishable by imprisonment for at least 3 months; or
(c)
is convicted of an offence against the law of a foreign country that is punishable by imprisonment for a period greater than 12 months.

The offences covered by paragraph (a) and subparagraph (b)(ii) include offences against the law of a foreign country.

(2) The period of disqualification under subsection (1) starts on the day the person is convicted and lasts for:

(a)
if the person does not serve a term of imprisonment—5 years after the day on which they are convicted; or

(b)
if the person serves a term of imprisonment—5 years after the day on which they are released from prison.

Bankruptcy, deed of arrangement or composition with creditors

(3) A person is disqualified from managing corporations if the person is an undischarged bankrupt under the law of Australia, its external territories or another country. (4) A person is disqualified from managing corporations if:

(a)
the person has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 (or a similar law of an external Territory or another country) and the terms of the deed have not been fully complied with; or

(b)
the person's creditors have accepted a composition under Part X of the Bankruptcy Act 1966 (or a similar law of an external Territory or another country) and final payment has not been made under the composition.



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