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 in writing 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)  


A determination under subsection (3) must be in writing but is not a legislative instrument.



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