57JRefusal of registration certificate

##### 57J Refusal of registration certificate Designated Authority to refuse certificate if applicant disqualified (1) Except in special circumstances, the Designated Authority must refuse to grant a registration certificate to an applicant or to joint applicants if, at the time the application is made, the applicant, or any of the joint applicants, as the case requires, is: (a) a disqualified individual; or (b) a disqualified body corporate; or (c) a disqualified partnership. > Note: Subsections (2), (3) and (4) define disqualified individual, disqualified body corporate and disqualified partnership respectively. Disqualified individual (2) For the purposes of this section, an individual is a disqualified individual at a particular time if the individual has been convicted of an offence against this Act during the 5‑year period ending at that time. Disqualified body corporate (3) For the purposes of this section, a body corporate is a disqualified body corporate at a particular time if: (a) the body corporate has been convicted of an offence against this Act during the 5‑year period ending at that time; or (b) at that time, any of the following individuals is a disqualified individual: (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. Disqualified partnership (4) For the purposes of this section, a partnership is a disqualified partnership at a particular time if, at that time: (a) in a case where a partner is an individual—the partner is a disqualified individual; or (b) in a case where a partner is a body corporate—the partner is a disqualified body corporate. Extended meaning of conviction—orders under section 19B of the Crimes Act 1914 (5) A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence. > Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction. Quashed convictions (6) A reference in this section to a conviction does not include a reference to a conviction that has been quashed.