8ADisqualified persons

#### 8A Disqualified persons 8A Disqualified persons > > (1) A person is a disqualified person for the purposes of this Act if— > > > > > (a) the person is disqualified under subsection (2), (2A) or (3) from holding a licence, or > > > > > (b) the person is precluded from being granted a licence under Part 5, or > > > > > (c) the person is the holder of a licence that is suspended under this Act, or of a licence, permit or other authority that is suspended under the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068), or > > > > > (d) the person is disqualified from holding a licence, certificate of registration or other authority under a corresponding law or is the holder of such a licence, certificate of registration or other authority that is suspended, or > > > > > (e) the person is in breach of any provision of this Act or the regulations that is prescribed by the regulations as a disqualifying breach. > > > (2) An individual is disqualified from holding a licence if— > > > > > (a) he or she has a conviction in New South Wales or elsewhere for an offence involving dishonesty that was recorded in the last 10 years, unless the Secretary has determined under subsection (4) that the offence should be ignored, or > > > > > (b) he or she is an undischarged bankrupt, unless the Secretary has determined under subsection (5) that this factor should be ignored, or > > > > > (c) he or she, at any time in the 3 years preceding the application for the licence, was an undischarged bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit, unless the Secretary has determined under subsection (5) that this factor should be ignored, or > > > > > (d) he or she is an executive officer of 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 determined under subsection (5) that this factor should be ignored, or > > > > > (e) he or she, at any time in the 3 years preceding the application for the licence, was an executive officer of a corporation when the corporation was the subject of a winding up order or when a controller or administrator was appointed, unless the Secretary has determined under subsection (5) that this factor should be ignored in relation to the individual, or > > > > > (f) he or she is an executive officer of a corporation that is a disqualified person, or > > > > > (g) he or she is a mentally incapacitated person, or > > > > > (h) he or she is in partnership in connection with the business concerned with a person who is a disqualified person. > > > (2A) An individual is disqualified from holding a licence if the Secretary has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the individual that— > > > > > (a) the individual is a member of, or regularly associates with one or more members of, a declared organisation within the meaning of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009), and > > > > > (b) the nature and circumstances of the individual’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the individual is not disqualified from holding a licence. > > > (3) A corporation is disqualified from holding a licence if— > > > > > (a) it has a conviction in New South Wales or elsewhere for an offence involving dishonesty that was recorded in the last 10 years, unless the Secretary has determined under subsection (4) that the offence should be ignored, or > > > > > (b) it 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 determined under subsection (5) that this factor should be ignored, or > > > > > (c) any of its executive officers is a disqualified person. > > > (4) Where subsection (2) or (3) provides that a determination may be made under this subsection in relation to an offence committed by a person, the Secretary may determine that the offence should be ignored for the purposes of this section on one or more of the following grounds— > > > > > (a) the triviality of the acts or omissions giving rise to the offence, > > > > > (b) the time that has passed since the offence was committed, > > > > > (c) the offence was committed by the offender as a minor, > > > > > (d) the subsequent good behaviour of the offender, > > > > > (e) any other ground prescribed by the regulations. > > > (5) Where subsections (2) and (3)(b) provide that a determination may be made under this subsection that a factor should be ignored, the Secretary may determine that the factor should be ignored for the purposes of this section in relation to the individual concerned if, on the basis of information provided to the Secretary by the individual, the Secretary considers it is appropriate to do so. > > > (6) In this section— > > > > administrator and controller have the same meanings as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth. > > > > corresponding law means a law of another Australian jurisdiction that is declared by the Minister from time to time by order published in the Gazette to be a law that corresponds to this Act. > > **s 8A:** Ins 2002 No 104, Sch 1 \[4\]. Am 2009 No 23, Sch 3.6 \[3\] \[4\]; 2012 No 9, Sch 1.9 \[2\]; 2018 No 65, Sch 3.3\[1\]–\[4\].