sec.19Disqualification from membership

### sec.19 Disqualification from membership A person is disqualified from becoming, or continuing as, a member if the person— has a conviction for an indictable offence and the conviction is not a spent conviction, unless the Minister has taken action under subsection (4) for the conviction; or is an insolvent under administration, unless the Minister has taken action under subsection (4) for the person being an insolvent under administration; or is not able to manage a corporation because of the Corporations Act , part 2D .6. Also, a person can not— become a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 34 ; or continue as a member if the person is absent from 3 consecutive board meetings of which proper notice has been given unless— the board has given permission for the person to be absent from the meetings; or the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 21 . The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so having regard to— the circumstances of the indictable 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 a member has not since ended, give the chairperson and the person notice ( approval notice ) that— the person is restored as a 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 a member despite the conviction or being an insolvent under administration. On the day the chairperson receives the approval notice the person is restored as a member. The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration. In this section— conviction , for an indictable offence, does not include a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to the offence, without recording a conviction for the offence. s 19 amd 2023 No. 23 s 247 sch 1 s 2 (1) (sec.19-ssec.1) A person is disqualified from becoming, or continuing as, a member if the person— has a conviction for an indictable offence and the conviction is not a spent conviction, unless the Minister has taken action under subsection (4) for the conviction; or is an insolvent under administration, unless the Minister has taken action under subsection (4) for the person being an insolvent under administration; or is not able to manage a corporation because of the Corporations Act , part 2D .6. (sec.19-ssec.2) Also, a person can not— become a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 34 ; or continue as a member if the person is absent from 3 consecutive board meetings of which proper notice has been given unless— the board has given permission for the person to be absent from the meetings; or the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 21 . (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 the indictable 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 a member has not since ended, give the chairperson and the person notice ( approval notice ) that— the person is restored as a 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 a member despite the conviction or being an insolvent under administration. (sec.19-ssec.5) On the day the chairperson receives the approval notice the person is restored as a member. (sec.19-ssec.6) The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration. (sec.19-ssec.7) In this section— conviction , for an indictable offence, does not include a finding of guilt, or the acceptance of a plea of guilty, by a court, in relation to the offence, without recording a conviction for the offence. - (a) has a conviction for an indictable offence and the conviction is not a spent conviction, unless the Minister has taken action under subsection (4) for the conviction; or - (b) is an insolvent under administration, unless the Minister has taken action under subsection (4) for the person being an insolvent under administration; or - (c) is not able to manage a corporation because of the Corporations Act , part 2D .6. - (a) become a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 34 ; or - (b) continue as a member if the person is absent from 3 consecutive board meetings of which proper notice has been given unless— (i) the board has given permission for the person to be absent from the meetings; or (ii) the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 21 . - (i) the board has given permission for the person to be absent from the meetings; or - (ii) the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 21 . - (i) the board has given permission for the person to be absent from the meetings; or - (ii) the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 21 . - (a) the circumstances of the indictable 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 a member has not since ended, give the chairperson and the person notice ( approval notice ) that— (i) the person is restored as a 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 a 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 a member despite the conviction or being an insolvent under administration. - (i) the person is restored as a member; and - (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or