Court power to revoke or vary a disqualification etc
126J Court power to revoke or vary a disqualification etc
A disqualified person, or the Regulator, may apply to the Federal Court of Australia for:
if an individual is a disqualified person only because he or she was disqualified under section 126H—a variation or a revocation of the order made under that section; or
otherwise—an order that the person is not a disqualified person.
If the Court revokes an order under paragraph (1)(a) or makes an order under paragraph (1)(b), then, despite section 120, the person is not a disqualified person.
At least 21 days before commencing the proceedings, written notice of the application must be lodged:
if the disqualified person makes the application—by the person with the Regulator; or
if the Regulator makes the application—by the Regulator with the disqualified person.
An order under paragraph (1)(b) may be expressed to be subject to exceptions and conditions determined by the Court.
This Act’s bill:Second reading speech
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