Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 (44 of 2010)

Schedule 2   Enforcement and remedies under the Trade Practices Act 1974

Part 2   Disqualification orders

Trade Practices Act 1974

7   Before subsection 86E(2)

Insert:

(1B) On application by the Commission, the Court may make an order disqualifying a person from managing corporations for a period that the Court considers appropriate if:

(a) the Court is satisfied that the person has committed, has attempted to commit or has been involved in a contravention of:

(i) a provision of Part IVA; or

(ii) a provision of Division 1 or 1AAA of Part V (other than section 52); or

(iii) subsection 65C(1) or (3), 65D(1) or 65F(8), section 65G or subsection 65Q(9), (9C) or (10) or 65R(1); or

(iv) a provision of Part VC; and

(b) the Court is satisfied that the disqualification is justified.

Note: Section 206EA of the Corporations Act 2001 provides that a person is disqualified from managing corporations if a court order is in force under this section. That Act contains various consequences for persons so disqualified.