Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An entity is disqualified if:
(a) the entity is a person disqualified from managing corporations under subsection 206B(1) of the Corporations Act 2001 because the person is convicted of an offence; or
(b) a person involved in the management of the entity is disqualified from managing corporations under subsection 206B(1) of the Corporations Act 2001 because the person is convicted of an offence; or
(c) the entity is a person who is not disqualified under subsection 206B(1) of the Corporations Act 2001 , but is convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country that involves dishonesty and is punishable by imprisonment for at least 3 months; or
(d) the entity is a person who is not disqualified under subsection 206B(1) of the Corporations Act 2001 , but is convicted of an offence against the law of a foreign country that is punishable by imprisonment for a period of more than 12 months; or
(e) a person involved in the management of the entity is not disqualified under subsection 206B(1) of the Corporations Act 2001 , but is convicted of an offence referred to in paragraph (c) or (d) of this subsection.
(2) The entity is disqualified :
(a) in a case mentioned in paragraph (1)(a)--during the period for which the entity is disqualified under subsection 206B(2) of the Corporations Act 2001 ; and
(b) in a case mentioned in paragraph (1)(b)--during the period for which the person involved in the management of the entity is disqualified under subsection 206B(2); and
(c) in a case mentioned in paragraph (1)(c) or (d):
(i) if the entity does not serve a term of imprisonment--for a period of 5 years after the day on which the entity is convicted; or
(ii) if the entity serves a term of imprisonment--for a period of 5 years after the day on which the entity is released from prison; and
(d) in a case mentioned in paragraph (1)(e):
(i) if the person involved in the management of the entity does not serve a term of imprisonment--for a period of 5 years after the day on which the person is convicted; or
(ii) if the person involved in the management of the entity serves a term of imprisonment--for a period of 5 years after the day on which the person is released from prison.
(3) The Minister may, on application in writing by a person, determine that:
(a) where the person is the entity that would otherwise be disqualified--the entity is not disqualified despite the conviction; and
(b) where the person is involved in the management of an entity that would otherwise be disqualified--the entity is not disqualified despite the conviction.
(4) A determination under subsection (3) must be in writing but is not a legislative instrument.