19Disqualification for fraud, dishonesty etc.

19 Disqualification for fraud, dishonesty etc.

(1) The Minister must not accredit an individual or a body corporate under the accreditation scheme at a particular time if the individual or body corporate is a disqualified person at that time.

Note: Disqualified person is defined by subsection (5).

(2) The Minister must not accredit a body corporate under the accreditation scheme at a particular time if any of the following individuals is a disqualified person at that time: (a) a director of the body corporate; (b) a secretary of the body corporate; (c) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.

Note: Disqualified person is defined by subsection (5).

(3) The Minister must not accredit a partnership under the accreditation scheme at a particular time if: (a) in a case where a partner is an individual—the partner is a disqualified person at that time; or (b) in a case where a partner is a body corporate—any of the following individuals is a disqualified person at that time: (i) a director of the body corporate; (ii) a secretary of the body corporate; (iii) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.

Note: Disqualified person is defined by subsection (5).

(4) The Minister must cancel the accreditation of an entity under the accreditation scheme at a particular time if, assuming that the entity had not been accredited at that time, the Minister would have been prevented by this section from accrediting the entity at that time. (5) For the purposes of this section, a person is a disqualified person at a particular time if: (a) the person has been convicted (whether before or after the commencement of this section) of a disqualifying offence (as defined by subsection (6)); and (b) if the person was sentenced to imprisonment—the time occurs during the period: (i) beginning when the person was convicted; and (ii) ending 5 years after the person’s release from prison; and (c) if the person was not sentenced to imprisonment—the time occurs during the period: (i) beginning when the person was convicted; and (ii) ending 5 years after the conviction. (6) For the purposes of this section, each of the following offences is a disqualifying offence: (a) an offence against section 136.1, 137.1 or 137.2 of the Criminal Code in respect of a statement that is made to a person who is exercising powers or performing functions under, or in connection with, subsection 21(2) of this Act; (b) an offence that: (i) is an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and (ii) involves fraud or dishonesty; and (iii) is punishable by imprisonment for life or for a period, or maximum period, of at least 2 years. (7) A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914, or under a corresponding provision of a law of a State, a Territory or a foreign country, in relation to a person in respect of an offence.