sec.18Disqualification as member

sec.18 Disqualification as member

A person is disqualified from becoming or continuing as a member if the person— has a conviction, other than a spent conviction, for an indictable offence; or is an insolvent under administration; or is disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or does not consent to the Minister requesting a report about the person’s criminal history under section 21 . However, subsection (1) (a) , (b) or (c) does not apply to a person proposing to become a member if the Minister gives written approval for the person to become a member despite the conviction, being an insolvent under administration or being disqualified from managing corporations. Also, subsection (1) (a) , (b) or (c) does not apply to a person who was a member when the person was convicted, became an insolvent under administration or was disqualified from managing corporations if the Minister gives the chairperson written notice that— the person is restored as a member; and the person may be later reappointed as a member despite the conviction, being an insolvent under administration or being disqualified from managing corporations. The Minister may give a notice under subsection (2) or (3) only if the Minister considers it would be reasonable to do so, having regard to the circumstances of the offence of which the person has been convicted or the circumstances under which the person became an insolvent under administration or was disqualified from managing corporations. If the Minister gives a notice under subsection (3) about a person, the person is restored as a member on the day the chairperson receives the notice. The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence, become an insolvent under administration or been disqualified from managing corporations. s 18 amd 2023 No. 23 s 247 sch 1 s 20 (sec.18-ssec.1) A person is disqualified from becoming or continuing as a member if the person— has a conviction, other than a spent conviction, for an indictable offence; or is an insolvent under administration; or is disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or does not consent to the Minister requesting a report about the person’s criminal history under section 21 . (sec.18-ssec.2) However, subsection (1) (a) , (b) or (c) does not apply to a person proposing to become a member if the Minister gives written approval for the person to become a member despite the conviction, being an insolvent under administration or being disqualified from managing corporations. (sec.18-ssec.3) Also, subsection (1) (a) , (b) or (c) does not apply to a person who was a member when the person was convicted, became an insolvent under administration or was disqualified from managing corporations if the Minister gives the chairperson written notice that— the person is restored as a member; and the person may be later reappointed as a member despite the conviction, being an insolvent under administration or being disqualified from managing corporations. (sec.18-ssec.4) The Minister may give a notice under subsection (2) or (3) only if the Minister considers it would be reasonable to do so, having regard to the circumstances of the offence of which the person has been convicted or the circumstances under which the person became an insolvent under administration or was disqualified from managing corporations. (sec.18-ssec.5) If the Minister gives a notice under subsection (3) about a person, the person is restored as a member on the day the chairperson receives the notice. (sec.18-ssec.6) The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence, become an insolvent under administration or been disqualified from managing corporations.