29Certain persons not to act as trustees

29 Certain persons not to act as trustees

(1) A natural person is ineligible to be the trustee of a patriotic fund if—

(a) the person is not fit to act, or is incapable of acting, as a trustee (including for reasons of mental or physical infirmity); or

(b) the person is bankrupt; or

(c) the person has been convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or

(d) there is in force a finding by the Magistrates' Court that the person is not eligible to be a trustee of a patriotic fund because paragraph (a) applies to the person.

(2) A body corporate is ineligible to be the trustee of a patriotic fund if—

(a) it is an externally administered corporation; or

(b) it has been convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or

(c) subsection (1)(a), (1)(b) or (1)(c) apply to a person who is a Director of, or otherwise responsible for the management of, the body corporate; or

(d) there is in force a finding by the Magistrates' Court that the body corporate is not eligible to be a trustee of a patriotic fund because paragraph (c) applies to the body corporate.

(3) At any time the Director may refer to the Magistrates' Court the question as to whether a person is eligible to be a trustee of a patriotic fund.

(4) The Magistrates' Court must not make a finding that a person is ineligible to be a trustee of a patriotic fund unless the person has been given an opportunity to be represented in the proceedings in relation to the question.