Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006 (125 of 2006)

Schedule 3   Transitional provisions

Part 2   Bringing transitional corporations across to new system

Division 6   Directors

45   Convictions before commencement

(1) If:

(a) a person was convicted of an offence before commencement; and

(b) immediately before commencement, the person was disqualified from being elected, or holding office, as a member of the Governing Committee of an Aboriginal association incorporated under Part IV of the old Act under subsection 49B(1) of the old Act in relation to the conviction;

the person is taken to be disqualified under subsection 279-5(1) of the new Act from managing Aboriginal and Torres Strait Islander corporations because of the conviction.

Note: This subitem will not extend to a conviction to which subsection 49B(1) of the old Act did not apply because of a declaration in force under subsection 49B(3) or (5) of that Act immediately before commencement.

(2) Despite subsection 279-5(2) of the new Act, the person's period of disqualification for the purposes of the new Act is taken to be the period:

(a) starting at commencement; and

(b) ending when the person would have ceased being disqualified under subsection 49B(1) of the old Act in relation to the conviction, if the old Act had not been repealed.