sec.40CDisqualification from office

### sec.40C Disqualification from office A person can not become, or continue as, the chancellor, vice-chancellor or chairperson if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) . See section 62D for the requirement to disclose the disqualification or conviction. If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the council may— if the person was the chancellor, vice-chancellor or chairperson when convicted—give notice to the person that the person— is restored as the chancellor, vice-chancellor or chairperson; and may be later re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become the chancellor, vice-chancellor or chairperson despite the conviction. On the day the person receives a notice under subsection (2) (a) — the person is restored as the chancellor, vice-chancellor or chairperson; and if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends. If a person is restored as the chancellor, vice-chancellor or chairperson under subsection (3) , the person’s term of office as the chancellor, vice-chancellor or chairperson ends when it would have ended if the person had not been convicted of the offence. s 40C ins 2005 No. 18 s 66 amd 2017 No. 36 s 45 (sec.40C-ssec.1) A person can not become, or continue as, the chancellor, vice-chancellor or chairperson if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) . See section 62D for the requirement to disclose the disqualification or conviction. (sec.40C-ssec.2) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the council may— if the person was the chancellor, vice-chancellor or chairperson when convicted—give notice to the person that the person— is restored as the chancellor, vice-chancellor or chairperson; and may be later re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become the chancellor, vice-chancellor or chairperson despite the conviction. (sec.40C-ssec.3) On the day the person receives a notice under subsection (2) (a) — the person is restored as the chancellor, vice-chancellor or chairperson; and if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends. (sec.40C-ssec.4) If a person is restored as the chancellor, vice-chancellor or chairperson under subsection (3) , the person’s term of office as the chancellor, vice-chancellor or chairperson ends when it would have ended if the person had not been convicted of the offence. - (a) the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or - (b) subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) . - (a) if the person was the chancellor, vice-chancellor or chairperson when convicted—give notice to the person that the person— (i) is restored as the chancellor, vice-chancellor or chairperson; and (ii) may be later re-elected or reappointed, despite the conviction; or - (i) is restored as the chancellor, vice-chancellor or chairperson; and - (ii) may be later re-elected or reappointed, despite the conviction; or - (b) otherwise—give written approval for the person to become the chancellor, vice-chancellor or chairperson despite the conviction. - (i) is restored as the chancellor, vice-chancellor or chairperson; and - (ii) may be later re-elected or reappointed, despite the conviction; or - (a) the person is restored as the chancellor, vice-chancellor or chairperson; and - (b) if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.