ASSOCIATIONS ACT 2003 - SECT 40 Disqualified person

ASSOCIATIONS ACT 2003 - SECT 40

    (1)     The Director 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 Director 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 Director 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 day on which the notice is given to the person, make an application to NTCAT under section 40A in relation to the declaration; and

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

    (5)     Subject to any order made by NTCAT under section 40A(8), the declaration remains in force for 5 years from the date it is made.

    (5A)     The Commissioner of Police's power of delegation under section 14(4) of the Police Administration Act 1978 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.