Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ASSOCIATIONS ACT - SECT 40

Disqualified person

    (1)     The Commissioner must, in writing, declare a person to be disqualified from being an officer of an incorporated association if the Commissioner of Police states in a certificate given to the Commissioner that the person:

        (a)     is unfit to be an officer of an incorporated association; or

        (b)     has in any way (whether directly or indirectly) been concerned in or taken part in the management of at least 2 bodies corporate (whether or not incorporated associations) that have ceased to exist because of financial mismanagement; or

        (c)     is an associate of a disqualified person.

    (2)     The Commissioner of Police may give the certificate only on the basis of a criminal intelligence report or other criminal information held by the Commissioner of Police.

    (3)     The Commissioner must give the person written notice of the declaration.

    (4)     The notice must:

        (a)     state the following:

            (i)     in general terms, the effect of the declaration;

            (ii)     the person may, within 21 days after the date of the notice, appeal to the Local Court against the decision;

            (iii)     how to appeal; and

        (b)     be accompanied by a copy of the certificate.

    (5)     The declaration is in force for 5 years from the date it is made.

    (5A)     The Commissioner's power of delegation under section 14(4) of the Police Administration Act does not apply to a power or function under this section.

    (6)     In this section:

"associate", of a disqualified person, means the spouse, de facto partner, business partner or business associate of the person.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback