10BCertificate to hold office

10B Certificate to hold office

10B Certificate to hold office

(1) The Industrial Registrar may, on application by a removed person, grant the removed person a certificate to hold office in an industrial organisation.

(2) The Industrial Registrar may grant the certificate if satisfied the removed person is a fit and proper person to hold office in an industrial organisation.

(3) In deciding whether a person is a fit and proper person to hold office in an industrial organisation, the Industrial Registrar must have regard to the following matters—

(a) the reasons the removed person was removed from office,

(b) whether the removed person has ever been convicted of an offence against a law of the State or the Commonwealth, another State or Territory or a foreign country involving—

(i) fraud or dishonesty, or

(ii) intentional use of violence against another person, or

(iii) intentional damage or destruction of property,

(c) the general character of the removed person,

(d) the fitness of the removed person to be involved in the management of the industrial organisation.

(4) The Industrial Registrar may also have regard to other matters the Industrial Registrar considers relevant.

(5) The Industrial Registrar must not grant the certificate—

(a) if the removed person has been disqualified under an administration scheme and the period of the disqualification has not ended, or

(b) at any time the removed person is otherwise not eligible to be a candidate for election, or to be elected or appointed, to an office in an industrial organisation under this Act or another Act of the State or the Commonwealth.