Business Names Registration Act 2011

PART 3 - REGISTERING A BUSINESS NAME  

SECTION 32   DISQUALIFIED ENTITIES  

32(1)    
An entity is disqualified if:

(a)    the entity is a person disqualified from managing corporations under subsection 206B(1) of the Corporations Act 2001 because the person is convicted of an offence; or

(b)    a person involved in the management of the entity is disqualified from managing corporations under subsection 206B(1) of the Corporations Act 2001 because the person is convicted of an offence; or

(c)    the entity is a person who is not disqualified under subsection 206B(1) of the Corporations Act 2001 , but is convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country that involves dishonesty and is punishable by imprisonment for at least 3 months; or

(d)    the entity is a person who is not disqualified under subsection 206B(1) of the Corporations Act 2001 , but is convicted of an offence against the law of a foreign country that is punishable by imprisonment for a period of more than 12 months; or

(e)    a person involved in the management of the entity is not disqualified under subsection 206B(1) of the Corporations Act 2001 , but is convicted of an offence referred to in paragraph (c) or (d) of this subsection.

32(2)    
The entity is disqualified :

(a)    in a case mentioned in paragraph (1)(a) - during the period for which the entity is disqualified under subsection 206B(2) of the Corporations Act 2001 ; and

(b)    in a case mentioned in paragraph (1)(b) - during the period for which the person involved in the management of the entity is disqualified under subsection 206B(2) ; and

(c)    in a case mentioned in paragraph (1)(c) or (d) :

(i) if the entity does not serve a term of imprisonment - for a period of 5 years after the day on which the entity is convicted; or

(ii) if the entity serves a term of imprisonment - for a period of 5 years after the day on which the entity is released from prison; and

(d)    in a case mentioned in paragraph (1)(e) :

(i) if the person involved in the management of the entity does not serve a term of imprisonment - for a period of 5 years after the day on which the person is convicted; or

(ii) if the person involved in the management of the entity serves a term of imprisonment - for a period of 5 years after the day on which the person is released from prison.

32(3)    

The Minister may, on application by a person, determine that:

(a)    where the person is the entity that would otherwise be disqualified - the entity is not disqualified despite the conviction; and

(b)    where the person is involved in the management of an entity that would otherwise be disqualified - the entity is not disqualified despite the conviction.

32(4)    
(Repealed by No 57 of 2026)