58Refusal of carrier licence—disqualified applicant

#### 58 Refusal of carrier licence—disqualified applicant (1) The ACMA may refuse to grant a carrier licence to an applicant if, immediately before the ACMA makes its decision on the application, the applicant is disqualified. When body corporate is disqualified (2) For the purposes of this section, a body corporate is disqualified at a particular time (the test time) if: (a) at any time before the test time, a carrier licence held by the body corporate was cancelled under subsection 72(1), (2A) or (2B); or (b) at any time before the test time, a carrier licence held by a partnership in which the body corporate was a partner was cancelled under subsection 72(1), (2A) or (2B); or (c) at the test time, any of the following individuals is disqualified: (i) a director of the body corporate; (ii) the secretary of the body corporate; (iii) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate. When individual is disqualified—failure to pay annual charge (3) For the purposes of subsection (2), an individual is disqualified at a particular time (the test time) if: (a) at any time before the test time, a carrier licence held by a body corporate or partnership was cancelled under subsection 72(1) because of a failure by the body corporate or partnership to pay in full the charge referred to in that subsection; and (b) in the case of a body corporate—at the time when the charge referred to in subsection 72(1) was due and payable, the individual was: (i) a director of the body corporate; or (ii) the secretary of the body corporate; or (iii) a person (by whatever name called and whether or not a director of the body corporate) who was concerned in, or took part in, the management of the body corporate; and (c) in the case of a partnership—at the time when the charge referred to in subsection 72(1) was due and payable, the individual: (i) was an employee of the partnership; and (ii) was concerned in, or took part in, the management of the partnership; and (d) the individual: (i) aided, abetted, counselled or procured the failure of the body corporate or partnership; or (ii) was in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the failure of the body corporate or partnership. When individual is disqualified—failure to pay industry levy (4A) For the purposes of subsection (2), an individual is disqualified at a particular time (the test time) if: (a) at any time before the test time, a carrier licence held by a body corporate or partnership was cancelled under subsection 72(2A) because of a failure by the body corporate or partnership to pay in full the industry levy referred to in that subsection; and (b) in the case of a body corporate—at the time when the industry levy referred to in subsection 72(2A) was due and payable, the individual was: (i) a director of the body corporate; or (ii) the secretary of the body corporate; or (iii) a person (by whatever name called and whether or not a director of the body corporate) who was concerned in, or took part in, the management of the body corporate; and (c) in the case of a partnership—at the time when the industry levy referred to in subsection 72(2A) was due and payable, the individual: (i) was an employee of the partnership; and (ii) was concerned in, or took part in, the management of the partnership; and (d) the individual: (i) aided, abetted, counselled or procured the failure of the body corporate or partnership; or (ii) was in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the failure of the body corporate or partnership. When individual is disqualified—failure to pay funding charge (4B) For the purposes of subsection (2), an individual is disqualified at a particular time (the test time) if: (a) at any time before the test time, a carrier licence held by a body corporate or partnership was cancelled under subsection 72(2B) because of a failure by the body corporate or partnership to pay in full the charge referred to in that subsection; and (b) in the case of a body corporate—at the time when the charge referred to in subsection 72(2B) was due and payable, the individual was: (i) a director of the body corporate; or (ii) the secretary of the body corporate; or (iii) a person (by whatever name called and whether or not a director of the body corporate) who was concerned in, or took part in, the management of the body corporate; and (c) in the case of a partnership—at the time when the charge referred to in subsection 72(2B) was due and payable, the individual: (i) was an employee of the partnership; and (ii) was concerned in, or took part in, the management of the partnership; and (d) the individual: (i) aided, abetted, counselled or procured the failure of the body corporate or partnership; or (ii) was in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the failure of the body corporate or partnership. When partnership is disqualified (5) For the purposes of this section, a partnership is disqualified at a particular time (the test time) if: (a) at any time before the test time, a carrier licence held by the partnership was cancelled under subsection 72(1), (2A) or (2B); or (b) at the test time, any of the partners is disqualified; or (c) at the test time, an individual who: (i) is an employee of the partnership; and (ii) is concerned in, or takes part in, the management of the partnership; is disqualified. This section does not limit grounds for refusal to grant carrier licence (6) This section does not, by implication, limit the grounds on which the ACMA may refuse to grant a carrier licence.