Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 26

Court power to revoke or vary a disqualification etc

In force
Part IIIAuthorisation to carry on insurance business
Division 5Directors, senior managers and other representatives of general insurers and authorised NOHCs

26 Court power to revoke or vary a disqualification etc

(1)

A disqualified person, or APRA, may apply to the Federal Court of Australia for:

(a)

if the person is a disqualified person only because he or she was disqualified under section 25A—a variation or a revocation of the order made under that section; or

(b)

otherwise—an order that the person is not a disqualified person.

(2)

If the Court revokes an order under paragraph (1)(a) or makes an order under paragraph (1)(b), then, despite section 25, the person is not a disqualified person.

(3)

At least 21 days before commencing the proceedings, written notice of the application must be lodged:

(a)

if the disqualified person makes the application—by the person with APRA; or

(b)

if APRA makes the application—by APRA with the disqualified person.

(4)

An order under paragraph (1)(b) may be expressed to be subject to exceptions and conditions determined by the Court.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.