Disqualification
29 Disqualification
A person is disqualified from becoming, or continuing as, a member if the person—
has a conviction, other than a spent conviction, for an indictable offence, unless the Minister has taken action under subsection (4) for the conviction; or
is an insolvent under administration, unless the Minister has taken action under subsection (4) for the insolvency; or
is not able to manage a corporation because of the Corporations Act, part 2D.6.
A person is also disqualified from—
becoming a member if the person does not consent to the Minister requesting a report about the person’s criminal history under section 42; or
continuing as a member if the person is absent from 3 consecutive meetings of the authority, of which proper notice has been given, unless—
the authority has given permission for the person to be absent from the meetings; or
the meetings occurred during the period of a leave of absence approved for the member by the Minister under section 30.
The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to—
the circumstances of an offence of which a person has been convicted; or
the circumstances under which a person became an insolvent under administration.
The Minister may—
if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not since ended, give the chair and the person notice (the approval notice) that—
the person is restored as a member; and
the person may be later reappointed, despite the conviction or being an insolvent under administration; or
otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.
The person is restored as a member on the day the chair receives the approval notice.
The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration.
This Act’s bill:Explanatory memorandumSecond reading speech
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