Superannuation Industry (Supervision) Act 1993

An individual may apply to the Regulator for a declaration under section 126D waiving his or her status as a disqualified person for the purposes of this Part only if:

he or she is a disqualified person solely because of the operation of subparagraph 120(1)(a)(i); and

the offence leading to him or her being a disqualified person is not an offence involving serious dishonest conduct as described in subsection (2).

For the purposes of paragraph (1)(b), an offence involves serious dishonest conduct if the penalty actually imposed for the offence is:

a term of imprisonment of at least 2 years or such longer period (if any) as is specified in the regulations; or

a fine of at least 120 penalty units or such larger fine, if any, as is specified in the regulations.

An application must:

be in writing; and

be made within 14 days after the commencement of this subsection or the person’s conviction, whichever is the later; and

identify the offence to which the application relates; and

to the extent that the court documents relating to the offence exist—be accompanied by a copy, certified to be a true copy by the Clerk or Registrar of the court, of those documents; and

give consent to the Regulator making inquiries in relation to the applicant of any law enforcement agency, regulatory agency or court that the Regulator believes on reasonable grounds has in its possession or control information directly relevant to the Regulator’s consideration of the application; and

be signed by the applicant.

The Regulator may accept an application meeting conditions referred to in subsection (3) other than paragraph (3)(b) after the end of the period referred to in that paragraph only if the Regulator is satisfied that there are exceptional circumstances that prevented the application from being made within that period.

The court documents are:

the information or indictment against the applicant; and

the transcript of the proceedings; and

witness statements and affidavits; and

the court’s judgment and orders; and

the court’s reasons for judgment.

If an individual is not reasonably able to obtain some or all of the court documents referred to in subsection (5), he or she:

may make an application that is not accompanied by those documents; and

must give the Regulator those documents as soon as practicable after making the application.

The Regulator must notify the applicant of any police force, agency or court of which the Regulator intends to make inquiries.

Such notification should if possible be given to the applicant as soon as practicable after a decision has been made to approach that police force, agency or court.