Business Names Registration Act 2011
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
(d) in a case mentioned in paragraph (1)(e) :
(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
(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.
[ CCH Note: S 32(3) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 143, by omitting " in writing " , effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
32(4)
A determination under subsection (3) must be in writing but is not a legislative instrument.
[ CCH Note: S 32(4) will be repealed by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 144, effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 23(2) .]
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