CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 279.15 Court power of disqualification--contravention of civil penalty provision

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 279.15

  (1)   On application by the Registrar, the Court may disqualify a person from managing Aboriginal and Torres Strait Islander corporations for a period that the Court considers appropriate if:

  (a)   a declaration is made under:

  (i)   section   386 - 1 (civil penalty provision) that the person has contravened a civil penalty provision; or

  (ii)   section   1317E of the Corporations Act (civil penalty provision) that the person has contravened a corporation/scheme civil penalty provision (within the meaning of that Act); and

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

  (2)   In determining whether the disqualification is justified, the Court may have regard to:

  (a)   the person's conduct in relation to the management, business or property of any Aboriginal and Torres Strait Islander corporation or Corporations Act corporation; and

  (b)   any other matters that the Court considers appropriate.