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ASSOCIATIONS INCORPORATION ACT 1991 - SECT 63 Disqualification from office––convictions or bankruptcy

ASSOCIATIONS INCORPORATION ACT 1991 - SECT 63

Disqualification from office––convictions or bankruptcy

    (1)     A person who has been convicted, whether in or outside the ACT, of—

        (a)     an indictable offence in relation to the promotion, formation or management of a body corporate; or

        (b)     an offence involving fraud or dishonesty punishable by imprisonment for a period of 3 months or more;

must not, within the period of 5 years after the person was convicted or released from imprisonment for the offence, whichever is later, without leave of the Supreme Court, accept an appointment or act as the public officer or a member of the committee of an incorporated association.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     A person who is bankrupt or personally insolvent must not, without leave of the Supreme Court, accept an appointment or act as the public officer or a member of the committee of an incorporated association.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     A person referred to in subsection (1) may apply to the Supreme Court for leave to accept an appointment or to act as the public officer or a member of the committee of an incorporated association.

    (4)     A person referred to in subsection (2) may apply to the Supreme Court for leave to accept an appointment or to act as the public officer or a member of the committee of an association.

    (5)     A person intending to make an application under subsection (3) or (4) must lodge with the registrar-general at least 21 days notice of intention to make the application.

    (6)     On hearing an application under subsection (3) or (4), the Supreme Court may grant or refuse to grant the applicant leave to accept an appointment or to act as the public officer or a member of the committee of an incorporated association, and may, when granting leave, make the grant subject to any conditions or limitations the court thinks fit.

    (7)     On the application of the registrar-general, the Supreme Court may revoke or vary leave granted to a person by the court under subsection (6).

    (8)     A person must not contravene the requirements of any conditions or limitations included in a grant of leave under subsection (6).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.