New South Wales Repealed Acts

This legislation has been repealed.

FARM PRODUCE ACT 1983 - SECT 10

10 Disqualification

(1) A person is disqualified from holding a licence:

(a) during the period of 5 years immediately after the person has been, in or beyond the Commonwealth, convicted of an offence under Chapter 1 of Part 4, or under Part 5, of the Crimes Act 1900 , or of any similar offence against the law of this or any other State, territory or country,

(c) during the period of 5 years immediately after the person has been, in or beyond the Commonwealth, convicted of an offence of attempting or conspiring to commit an offence referred to in paragraph (a),

(e) during the period in which the person is, in or beyond the Commonwealth, an undischarged bankrupt,

(f) during the period of 5 years immediately after the person has been, in or beyond the Commonwealth, discharged from bankruptcy,

(g) during the period of 5 years immediately after the person has made, in or beyond the Commonwealth, either individually or as a partner, an assignment for the benefit of creditors under which the person’s unsecured debts have not been paid at the rate of at least 70 cents in the dollar,

(h) during the period of 5 years immediately after payment of the person’s unsecured debts has been completed under a composition or deed of arrangement made or entered into by the person, in or beyond the Commonwealth, either individually or as a partner, and under which, in either case, the person’s unsecured debts have not been paid at the rate of at least 70 cents in the dollar, or

(j) during the period of 5 years immediately after the person’s disqualification under section 17.

(2) A corporation is disqualified from holding a licence if a director of the corporation is disqualified from holding a licence.

(3) A person is disqualified from holding a licence during the period of 5 years immediately after the cancellation of the licence of a corporation of which the person is a director.

(4) A person who is disqualified from holding a licence by reason only of subsection (3) may apply to the registrar to have the disqualification lifted.

(5) On receipt of an application under subsection (4) from a person who is disqualified from holding a licence by reason of the cancellation of the licence of a corporation of which the person is a director, the registrar may lift the disqualification arising by virtue of that cancellation if the registrar is satisfied that:

(a) the action or conduct by reason of which the cancellation occurred was due to a cause or causes beyond the person’s control, and

(b) the person took all reasonable precautions and exercised all due diligence to prevent that action or conduct.

(6) Where the disqualification of a person arising by virtue of the cancellation of a licence is lifted as referred to in subsection (5), the person shall be deemed not to be disqualified by reason of that cancellation.