60ADisqualified persons

#### 60A Disqualified persons 60A Disqualified persons > > (1) A person is a disqualified person for the purposes of this Part if— > > > > > (a) the person is a natural person who is under 18 years of age, or > > > > > (b) the person is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or > > > > > (c) the person is a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed, unless the Secretary has made a determination under subsection (1A), or > > > > > (d) the person has been convicted, within the last 5 years, of a relevant offence and a sentence of imprisonment or a fine of $500 or more has been imposed on the person following that conviction, or > > > > > (e) the person is subject to an exclusion order that is in force against the person, or > > > > > (f) the person is a controlled member of a declared organisation within the meaning of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009). > > > (1A) The Secretary may determine that a corporation is not a disqualified person for the purposes of this Part, despite the corporation being the subject of a winding up order or being a corporation for which a controller or administrator has been appointed if, on the basis of information provided to the Secretary by the corporation, the Secretary considers it is appropriate to do so. > > > (2) In this Part— > > > > relevant offence means any of the following offences whether occurring in New South Wales or elsewhere— > > > > > (a) an offence involving violence, firearms, weapons, fraud, drugs or dishonesty, > > > > > (b) an offence against section 12DJ (Harassment and coercion) of the [Australian Securities and Investments Commission Act 2001](http://www.legislation.gov.au/) of the Commonwealth, > > > > > (c) an offence against section 50 (Harassment and coercion) or 168 (Harassment and coercion) of the ACL, > > > > > (d) any other offence declared by the regulations to be a relevant offence for the purposes of this section, > > > > but does not include an offence that the regulations declare not to be a relevant offence. > > **s 60A:** Ins 2016 No 52, Sch 1\[1\]. Am 1987 No 68, Sch 6, cll 3, 4.