sec.53BMDisqualification

sec.53BM Disqualification

A person is disqualified from becoming, or continuing in office as, a director if the person— has a conviction, other than a spent conviction, for an indictable offence, including an indictable offence against the law of another State or the Commonwealth, unless the Minister has given the person an approval under subsection (4) ; or is an insolvent under administration unless the Minister has given the person an approval under subsection (4) ; or is disqualified from managing corporations because of the Corporations Act , part 2D .6. Also, a person is disqualified from becoming, or continuing in office as, a nominated director if the person does not consent to the Minister requesting a report about the person’s criminal history under division 3 . The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to— the circumstances of an offence of which a person has been convicted; or the circumstances under which a person became an insolvent under administration. If the person was not a director when the person was convicted or became an insolvent under administration, the Minister may give written approval for the person to become a director despite the conviction or being an insolvent under administration. s 53BM ins 2024 No. 29 s 20 (sec.53BM-ssec.1) A person is disqualified from becoming, or continuing in office as, a director if the person— has a conviction, other than a spent conviction, for an indictable offence, including an indictable offence against the law of another State or the Commonwealth, unless the Minister has given the person an approval under subsection (4) ; or is an insolvent under administration unless the Minister has given the person an approval under subsection (4) ; or is disqualified from managing corporations because of the Corporations Act , part 2D .6. (sec.53BM-ssec.2) Also, a person is disqualified from becoming, or continuing in office as, a nominated director if the person does not consent to the Minister requesting a report about the person’s criminal history under division 3 . (sec.53BM-ssec.3) The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to— the circumstances of an offence of which a person has been convicted; or the circumstances under which a person became an insolvent under administration. (sec.53BM-ssec.4) If the person was not a director when the person was convicted or became an insolvent under administration, the Minister may give written approval for the person to become a director despite the conviction or being an insolvent under administration.

• (a) has a conviction, other than a spent conviction, for an indictable offence, including an indictable offence against the law of another State or the Commonwealth, unless the Minister has given the person an approval under subsection (4) ; or