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FAIR TRADING ACT 1987 - SECT 60A Disqualified persons

FAIR TRADING ACT 1987 - SECT 60A

Disqualified persons

60A Disqualified persons

(1) A person is a
"disqualified person" for the purposes of this Part if--
(a) the person is a natural person who is under 18 years of age, or
(b) the person is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or
(c) the person is a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed, unless the Secretary has made a determination under subsection (1A), or
(d) the person has been convicted, within the last 5 years, of a relevant offence and a sentence of imprisonment or a fine of $500 or more has been imposed on the person following that conviction, or
(e) the person is subject to an exclusion order that is in force against the person, or
(f) the person is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012 .
(1A) The Secretary may determine that a corporation is not a disqualified person for the purposes of this Part, despite the corporation being the subject of a winding up order or being a corporation for which a controller or administrator has been appointed if, on the basis of information provided to the Secretary by the corporation, the Secretary considers it is appropriate to do so.
(2) In this Part--


"relevant offence" means any of the following offences whether occurring in New South Wales or elsewhere--
(a) an offence involving violence, firearms, weapons, fraud, drugs or dishonesty,
(b) an offence against section 12DJ (Harassment and coercion) of the Australian Securities and Investments Commission Act 2001 of the Commonwealth,
(c) an offence against section 50 (Harassment and coercion) or 168 (Harassment and coercion) of the ACL,
(d) any other offence declared by the regulations to be a relevant offence for the purposes of this section,
but does not include an offence that the regulations declare not to be a relevant offence.