Body Corporate and Community Management (Small Schemes Module) Regulation 2020
sec.73Termination for conviction of particular offences etc. [ SM, s 151 ]
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sec.73 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 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 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. (sec.73-ssec.1) The body corporate may terminate a person’s engagement as a body corporate manager or service contractor 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 without the body corporate’s approval. (sec.73-ssec.2) The body corporate may act under subsection (1) only if the termination is approved by ordinary resolution of the body corporate.
- (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 without the body corporate’s approval.