132Grounds for disqualification from office

#### 132 Grounds for disqualification from office 132 Grounds for disqualification from office > > (1) A person is disqualified from holding office as a councillor of the New South Wales Aboriginal Land Council if the person— > > > > > (a) has a conviction in New South Wales or elsewhere for an offence relating to the management of a corporation that was recorded within the last 5 years, or > > > > > (b) has a conviction for an offence under this Act that was recorded within the last 5 years, or > > > > > (c) has a conviction in New South Wales for any other offence that is punishable by imprisonment for 5 years or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable that was recorded within the last 5 years, or > > > > > (c1) has, within the last 5 years, been the subject of a finding by the Independent Commission Against Corruption that the person has engaged in serious corrupt conduct, or > > > > > (d) is a mentally incapacitated person, or > > > > > (e) is or becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or > > > > > (f) is or was a director or person concerned in the management of a body corporate that is the subject of a winding up order or for which either of the following has been appointed during the last 3 years— > > > > > > > (i) a controller or administrator under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, > > > > > > > (ii) a controller or administrator, other than a special administrator, under the [Corporations (Aboriginal and Torres Strait Islander) Act 2006](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (g) is disqualified from holding office in or being concerned in the management of a corporation under any law of this or any other State or Territory or the Commonwealth, or > > > > > (h) is an employee of, or a consultant to, the Council, or > > > > > (i) in the case of a councillor, engages in other paid work without the approval of the New South Wales Aboriginal Land Council, or > > > > > (j) was, within the last 5 years, an officer of the Council immediately before an administrator was appointed for the Council, or > > > > > (k) fails, without a reasonable excuse, for a period of 3 months or more to comply with a written requirement by the Council to undergo training under section 131, or > > > > > (l) is disqualified from being a Board member, other than on the ground that the person is a councillor. > > > (2) The Registrar may determine that an offence committed by a person should be ignored for the purposes of this section because of the time that has passed since the offence was committed or because of the triviality of the acts or omissions giving rise to the offence. > > > (3) The Registrar may determine that a person is not disqualified on the ground set out in subsection (1)(j) if the Registrar is satisfied that it is appropriate in the circumstances that the person not be disqualified on that ground. > > > (4) Despite subsection (1)(h), a person is not disqualified from holding office as a councillor of the Council on the ground that the person is an employee of, or consultant to, the Council (and is taken not to have been disqualified from holding office at the time of the person’s nomination) if— > > > > > (a) the person takes a leave of absence from employment with the Council in accordance with section 132A, and > > > > > (b) if the person is elected to the Council, the person resigns from their employment with, or as a consultant to, the Council as soon as practicable after becoming aware of the result of the election. > > **s 132:** Ins 2001 No 118, Sch 1 \[17\]. Subst 2006 No 111, Sch 1 \[47\]. Am 2013 No 66, Sch 1 \[32\] \[33\]; 2022 No 68, Schs 2.1\[20\]–\[23\], 4.1\[13\]; 2023 No 7, Sch 2.1.