sec.19Disqualification as appointed member

### sec.19 Disqualification as appointed member A person is disqualified from becoming, or continuing as, an appointed member if the person— has a conviction, other than a spent conviction, for an indictable offence unless the Minister has given the person a notice under subsection (4) ; or is an insolvent under administration unless the Minister has given the person a notice under subsection (4) ; or is disqualified from managing corporations because of the Corporations Act , part 2D .6. Also, a person is disqualified from becoming, or continuing as, an appointed member if the person does not consent to the Minister requesting a report about the person’s criminal history under division 4 . The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to— the circumstances of an offence of which a person has been convicted; or the circumstances under which a person became an insolvent under administration. The Minister may— if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as an appointed member has not ended, give the chairperson and the person notice (the approval notice ) that— the person is restored as an appointed member; and the person may be later reappointed, despite the conviction or being an insolvent under administration; or otherwise—give written approval for the person to become an appointed member despite the conviction or being an insolvent under administration. If a person is given an approval notice under subsection (4) (a) — the person is restored as an appointed member on the day the chairperson receives the approval notice; and the person’s term of appointment as an appointed member ends when it would have ended if the person had not been convicted of the offence or become an insolvent under administration. In this section— conviction , for an indictable offence, does not include being found guilty of an offence, on a plea of guilty or otherwise, without a conviction being recorded for the offence. (sec.19-ssec.1) A person is disqualified from becoming, or continuing as, an appointed member if the person— has a conviction, other than a spent conviction, for an indictable offence unless the Minister has given the person a notice under subsection (4) ; or is an insolvent under administration unless the Minister has given the person a notice under subsection (4) ; or is disqualified from managing corporations because of the Corporations Act , part 2D .6. (sec.19-ssec.2) Also, a person is disqualified from becoming, or continuing as, an appointed member if the person does not consent to the Minister requesting a report about the person’s criminal history under division 4 . (sec.19-ssec.3) The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to— the circumstances of an offence of which a person has been convicted; or the circumstances under which a person became an insolvent under administration. (sec.19-ssec.4) The Minister may— if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as an appointed member has not ended, give the chairperson and the person notice (the approval notice ) that— the person is restored as an appointed member; and the person may be later reappointed, despite the conviction or being an insolvent under administration; or otherwise—give written approval for the person to become an appointed member despite the conviction or being an insolvent under administration. (sec.19-ssec.5) If a person is given an approval notice under subsection (4) (a) — the person is restored as an appointed member on the day the chairperson receives the approval notice; and the person’s term of appointment as an appointed member ends when it would have ended if the person had not been convicted of the offence or become an insolvent under administration. (sec.19-ssec.6) In this section— conviction , for an indictable offence, does not include being found guilty of an offence, on a plea of guilty or otherwise, without a conviction being recorded for the offence. - (a) has a conviction, other than a spent conviction, for an indictable offence unless the Minister has given the person a notice under subsection (4) ; or - (b) is an insolvent under administration unless the Minister has given the person a notice under subsection (4) ; or - (c) is disqualified from managing corporations because of the Corporations Act , part 2D .6. - (a) the circumstances of an offence of which a person has been convicted; or - (b) the circumstances under which a person became an insolvent under administration. - (a) if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as an appointed member has not ended, give the chairperson and the person notice (the approval notice ) that— (i) the person is restored as an appointed member; and (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or - (i) the person is restored as an appointed member; and - (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or - (b) otherwise—give written approval for the person to become an appointed member despite the conviction or being an insolvent under administration. - (i) the person is restored as an appointed member; and - (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or - (a) the person is restored as an appointed member on the day the chairperson receives the approval notice; and - (b) the person’s term of appointment as an appointed member ends when it would have ended if the person had not been convicted of the offence or become an insolvent under administration.