sec.101Termination for conviction of particular offences etc. [ SM, s 151 ]

sec.101 Termination for conviction of particular offences etc. [ SM, s 151 ]

The body corporate may terminate a person’s engagement as a body corporate manager or service contractor, or authorisation as a letting agent, if the person, including, if the person is a corporation, a director of the corporation— is convicted, whether or not a conviction is recorded, of an indictable offence involving fraud or dishonesty; or is convicted, whether or not a conviction is recorded, on indictment of an assault or an offence involving an assault; or carries on a business involving the supply of services to the body corporate, or to owners or occupiers of lots, and the carrying on of the business is contrary to law; or transfers an interest in the engagement or authorisation without the body corporate’s approval. The body corporate may act under subsection (1) only if— the termination is approved by ordinary resolution of the body corporate; and for the termination of a person’s engagement as a service contractor if the person is a caretaking service contractor, or the termination of a person’s authorisation as a letting agent—the motion to approve the termination is decided by secret ballot. (sec.101-ssec.1) The body corporate may terminate a person’s engagement as a body corporate manager or service contractor, or authorisation as a letting agent, if the person, including, if the person is a corporation, a director of the corporation— is convicted, whether or not a conviction is recorded, of an indictable offence involving fraud or dishonesty; or is convicted, whether or not a conviction is recorded, on indictment of an assault or an offence involving an assault; or carries on a business involving the supply of services to the body corporate, or to owners or occupiers of lots, and the carrying on of the business is contrary to law; or transfers an interest in the engagement or authorisation without the body corporate’s approval. (sec.101-ssec.2) The body corporate may act under subsection (1) only if— the termination is approved by ordinary resolution of the body corporate; and for the termination of a person’s engagement as a service contractor if the person is a caretaking service contractor, or the termination of a person’s authorisation as a letting agent—the motion to approve the termination is decided by secret ballot.

• (a) is convicted, whether or not a conviction is recorded, of an indictable offence involving fraud or dishonesty; or
• (b) is convicted, whether or not a conviction is recorded, on indictment of an assault or an offence involving an assault; or
• (c) carries on a business involving the supply of services to the body corporate, or to owners or occupiers of lots, and the carrying on of the business is contrary to law; or
• (d) transfers an interest in the engagement or authorisation without the body corporate’s approval.