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Offences

Automatic disqualification—convictions, bankruptcy and foreign court orders etc

Act & Section

206B Corporations Act  

Type

Automatic disqualification—convictions, bankruptcy and foreign court orders etc

Process

Corporations Act disqualification regime

What

Criteria for the disqualification of a person from managing a corporation

Observations

(1)   A person is disqualified from managing a corporation if they:

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

                                           i.         Concerns the making of decisions that affect the whole or substantial part of the business of the corporation; or

                                         ii.         Concerns an act that could significantly affect the financial standing of the corporation; or

(b)   Are convicted of an offence that:

                                           i.         Contravenes the Corporations Act an dis punishable by imprisonment for 12 months or more; or

                                         ii.         Involves dishonesty and is punishable by imprisonment for 3 months or more; or

(c)    Is convicted of an offence against the law of a foreign country that is punishable by imprisonment for 12 months or more.

Offences against (a) and (b)(ii) include offences against a foreign law.

 

(2)   Disqualification starts on the day of conviction and lasts for:

(a)   5 years, if not imprisoned; or

(b)   5 years from date of release for the offence causing the disqualification.

 

(3)   Bankrupts are disqualified from managing corporations.

 

(4)   A bankrupt who breaches their agreement under Part X Bankruptcy Act or a similar law of a foreign country.

 

(5)   Are disqualified from managing Aboriginal and Torres Strait Islander corporations under Part 6-5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

 

(6)   Are disqualified from managing corporations if the person is disqualified, under an order made by a court of a foreign jurisdiction that is in force, from: (a) being a director of a foreign company; or (b) being concerned in the management of a foreign company; or (c) being a director of a passport fund, or of an operator of a passport fund; or (d) being concerned in the management of a passport fund.

 

(7)   In this section: foreign jurisdiction means a foreign country, or part of a foreign country, prescribed by the regulations as a foreign jurisdiction for the purposes of this section.

 

206BA Extension of period of automatic disqualification under section 206B.

 

206C Court power of disqualification—contravention of civil penalty provision.

 

206D Court power of disqualification—insolvency and non-payment of debts.

 

206E Court power of disqualification—repeated contraventions of Act.

 

206EAA Court power of disqualification—disqualification under a law of a foreign jurisdiction.

 

206EAA Court power of disqualification—disqualification under a law of a foreign jurisdiction.

 

206EA Disqualification under the Competition and Consumer Act 2010 etc.

 

206EB Disqualification under the ASIC Act.

 

206F ASIC’s power of disqualification.

 

206GAA ASIC’s power of disqualification—unrecovered payments under employee entitlements scheme.

 

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