49BDisqualification from membership of Governing Committee

#### 49B Disqualification from membership of Governing Committee (1) A person cannot be elected, or hold office, as a member of the Governing Committee of an Incorporated Aboriginal Association if he or she has been convicted of an offence against a Commonwealth, State or Territory law and sentenced: (a) if the offence involved fraud or misappropriation of funds—to imprisonment for 3 months or longer; or (b) in any other case—to imprisonment for one year or longer. (2) The conviction does not prevent the person from standing for election, or being elected, if: (a) at least 5 years have elapsed since the date of the conviction; and (b) the person is not serving a term of imprisonment. (3) The Registrar may declare in writing that subsection (1) does not apply to a particular person in relation to a particular conviction. (4) If: (a) a person requests the Registrar to make a declaration under subsection (3) in relation to the person in relation to a particular conviction; and (b) the Registrar refuses to do so; the person may appeal in writing to the Minister. (5) The Minister must consider the appeal and either: (a) declare in writing that subsection (1) does not apply to the person in relation to the conviction; or (b) refuse to make the declaration; and must cause the person to be notified accordingly.