Commonwealth Numbered Acts

HEARING SERVICES ADMINISTRATION ACT 1997 No. 81 of 1997 - SECT 19

(1) The Minister must not accredit an individual or a body corporate under the
accreditation scheme at a particular time if the individual or body corporate
is a disqualified person at that time. Note: Disqualified person is defined by
subsection (5).

(2) The Minister must not accredit a body corporate under the accreditation
scheme at a particular time if any of the following individuals is a
disqualified person at that time:

   (a)  a director of the body corporate;

   (b)  a secretary of the body corporate;

   (c)  a person (by whatever name called and whether or not a director of the
        body corporate) who is concerned in, or takes part in, the management
        of the body corporate. Note: Disqualified person is defined by
        subsection (5).

(3) The Minister must not accredit a partnership under the accreditation
scheme at a particular time if:

   (a)  in a case where a partner is an individual-the partner is a
        disqualified person at that time; or

   (b)  in a case where a partner is a body corporate-any of the following
        individuals is a disqualified person at that time:

        (i)    a director of the body corporate;

        (ii)   a secretary of the body corporate;

        (iii)  a person (by whatever name called and whether or not a director
               of the body corporate) who is concerned in, or takes part in,
               the management of the body corporate. Note: Disqualified person
               is defined by subsection (5).

(4) The Minister must cancel the accreditation of an entity under the
accreditation scheme at a particular time if, assuming that the entity had not
been accredited at that time, the Minister would have been prevented by this
section from accrediting the entity at that time.

(5) For the purposes of this section, a person is a disqualified person at a
particular time if:

   (a)  the person has been convicted (whether before or after the
        commencement of this section) of a disqualifying offence (as defined
        by subsection (6)); and

   (b)  if the person was sentenced to imprisonment-the time occurs during the
        period:

        (i)    beginning when the person was convicted; and

        (ii)   ending 5 years after the person's release from prison; and

   (c)  if the person was not sentenced to imprisonment-the time occurs during
        the period:

        (i)    beginning when the person was convicted; and

        (ii)   ending 5 years after the conviction.

(6) For the purposes of this section, each of the following offences is a
disqualifying offence:

   (a)  an offence against section 22 (which deals with false or misleading
        statements in connection with claims for payment);

   (b)  an offence that:

        (i)    is an offence against a law of the Commonwealth, a State, a
               Territory or a foreign country; and

        (ii)   involves fraud or dishonesty; and

        (iii)  is punishable by imprisonment for life or for a period, or
               maximum period, of at least 2 years.

(7) A reference in this section to a conviction of a person of an offence
includes a reference to the making of an order under section 19B of the Crimes
Act 1914, or under a corresponding provision of a law of a State, a Territory
or a foreign country, in relation to a person in respect of an offence. Note:
Section 19B of the Crimes Act 1914 empowers a court that has found a person to
have committed an offence to take action without proceeding to record a
conviction.

(8) This section does not, by implication, limit the generality of sections 15
and 16 (which deal with the accreditation scheme).

(9) This section does not affect the operation of Part VIIC of the
Crimes Act 1914 (which includes provisions relieving persons from requirements
to disclose convictions).