Corporations Regulations 2001

SCHEDULE 11 - PERSONS WHO ARE NOT COVERED BY SECTION 1433 OF THE ACT  

( regulation 10.2.36 )



[ Table: Sch 10D - Persons who are not covered by section 1433 of the Act]
[ Table: Sch 10D - Persons who are not covered by section 1433 of the Act]
Item Person Period
1 A person who is or has been an insolvent under administration 5 years after the start of the administration
2 A body corporate that has been a Chapter 5 body corporate 5 years after the start of the administration
3 A person who has been convicted of fraud 10 years after the conviction
4 A person to whom the following circumstances apply:
(a) the person is the subject of legal proceedings for criminal fraud;
(b) the proceedings could, because of the content or nature of the relevant originating process, result in a judgment being made that would cause a person to be someone to whom item 3 applies;
(c) the court has not delivered a judgment in relation to the issue of the fraud
5 A person to whom the following circumstances apply: 10 years after the conduct first occurred
(a) the person has been found liable by a court for a contravention of a law relating to financial services activities;
(b) the proceedings were brought by a regulator;
(c) the proceedings related to conduct that occurred in the course of the person ' s engaging in financial services activities, and was related to that person ' s activities
6 A person to whom the following circumstances apply:
(a) the person is the subject of legal proceedings for a contravention of a law relating to financial services activities;
(b) the proceedings were brought by a regulator;
(c) the proceedings relate to conduct that occurred in the course of the person ' s engaging in financial services activities, and was related to that person ' s activities;
(d) the court has not delivered a judgment in relation to the contravention
7 A person who has had: 5 years after the cancellation, suspension or revocation
(a) an authorisation; or
(b) a registration; or
(c) a licence; or
(d) the ability to engage in financial services activities;
cancelled, suspended or revoked by, or as a direct result of the actions of, a regulator
8 A person who is a responsible officer of a person mentioned in item 1
8A A person who is a subsidiary of a body corporate mentioned in item 2
8B A person ( person 1 ) who is [ sic ] related body corporate of a body corporate that is mentioned in item 2 ( person 2 ), if person 2 has previously held a licence, registration or authorisation granted by a regulator mentioned in paragraphs (a) to (d) of the definition of regulator in regulation 10.2.35
9 A person an associate of whom is a person mentioned in any of items 3 to 7
10 A person who is deemed to be a registered insurance broker under subsection 24(2) of the Insurance (Agents and Brokers) Act 1984
This item applies to the person only to the extent that the person operates insurance broking activities that are described in that Act




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