sec.67AZHNotice by commission to director, secretary, influential person or nominee about demerit points

### sec.67AZH Notice by commission to director, secretary, influential person or nominee about demerit points This section applies if the commission considers that a company has accumulated 30 demerit points in a period of 3 years. The commission may give an individual who was a director or secretary of, or an influential person or nominee for, the company at the times the 30 demerit points were accumulated, a written notice stating— details of the demerit matters for which the demerit points have accumulated and the dates the points took effect; and the effect of the director, secretary, influential person or nominee becoming a disqualified individual because the company has accumulated 30 demerit points in a period of 3 years; and an invitation to the director, secretary, influential person or nominee to make written submissions, within a stated period, to satisfy the commission that— the company has not accumulated 30 demerit points in a period of 3 years; or the director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the matters for which the demerit points accumulated did not happen; or the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the matters for which the demerit points accumulated. The stated period must be at least 28 days after the written notice is given to the director, secretary, influential person or nominee. The commission must consider any submissions made by the director, secretary, influential person or nominee. In deciding whether a company has accumulated 30 demerit points in a period of 3 years, demerit points must not be counted for an unsatisfied judgment debt paid in full before the end of the stated period. s 67AZH ins 2003 No. 1 s 34 amd 2013 No. 38 s 14 sch 1 (sec.67AZH-ssec.1) This section applies if the commission considers that a company has accumulated 30 demerit points in a period of 3 years. (sec.67AZH-ssec.2) The commission may give an individual who was a director or secretary of, or an influential person or nominee for, the company at the times the 30 demerit points were accumulated, a written notice stating— details of the demerit matters for which the demerit points have accumulated and the dates the points took effect; and the effect of the director, secretary, influential person or nominee becoming a disqualified individual because the company has accumulated 30 demerit points in a period of 3 years; and an invitation to the director, secretary, influential person or nominee to make written submissions, within a stated period, to satisfy the commission that— the company has not accumulated 30 demerit points in a period of 3 years; or the director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the matters for which the demerit points accumulated did not happen; or the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the matters for which the demerit points accumulated. (sec.67AZH-ssec.3) The stated period must be at least 28 days after the written notice is given to the director, secretary, influential person or nominee. (sec.67AZH-ssec.4) The commission must consider any submissions made by the director, secretary, influential person or nominee. (sec.67AZH-ssec.5) In deciding whether a company has accumulated 30 demerit points in a period of 3 years, demerit points must not be counted for an unsatisfied judgment debt paid in full before the end of the stated period. - (a) details of the demerit matters for which the demerit points have accumulated and the dates the points took effect; and - (b) the effect of the director, secretary, influential person or nominee becoming a disqualified individual because the company has accumulated 30 demerit points in a period of 3 years; and - (c) an invitation to the director, secretary, influential person or nominee to make written submissions, within a stated period, to satisfy the commission that— (i) the company has not accumulated 30 demerit points in a period of 3 years; or (ii) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the matters for which the demerit points accumulated did not happen; or (iii) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the matters for which the demerit points accumulated. - (i) the company has not accumulated 30 demerit points in a period of 3 years; or - (ii) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the matters for which the demerit points accumulated did not happen; or - (iii) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the matters for which the demerit points accumulated. - (i) the company has not accumulated 30 demerit points in a period of 3 years; or - (ii) the director, secretary, influential person or nominee exercised reasonable diligence to ensure that some or all of the matters for which the demerit points accumulated did not happen; or - (iii) the director, secretary, influential person or nominee was not in a position to influence the conduct of the company’s affairs in relation to some or all of the matters for which the demerit points accumulated.