Section 206B — Corporations Act 2001: Automatic disqualification—convictions, bankruptcy and foreign court orders etc.

Convictions (1) A person becomes disqualified from managing corporations if the person: (a) is convicted on indictment of an offence that: (i) concerns the making, or participation in making, of decisions that affect the whole or a substantial part of the business of the corporation; or (ii) concerns an act that has the capacity to affect significantly the corporation’s financial standing; or (b) is convicted of an offence that: (i) is a contravention of this Act and is punishable by imprisonment for a period greater than 12 months; or (ii) involves dishonesty and is punishable by imprisonment for at least 3 months; or (c) is convicted of an offence against the law of a foreign country that is punishable by imprisonment for a period greater than 12 months. The offences covered by paragraph (a) and subparagraph (b)(ii) include offences against the law of a foreign country. (2) The period of disqualification under subsection (1) starts on the day the person is convicted and lasts for: (a) if the person does not serve a term of imprisonment—5 years after the day on which they are convicted; or (b) if the person serves a term of imprisonment—5 years after the day on which they are released from prison. Bankruptcy or personal insolvency agreement (3) A person is disqualified from managing corporations if the person is an undischarged bankrupt under the law of Australia, its external territories or another country. (4) A person is disqualified from managing corporations if: (a) the person has executed a personal insolvency agreement under: (i) Part X of the Bankruptcy Act 1966; or (ii) a similar law of an external Territory or a foreign country; and (b) the terms of the agreement have not been fully complied with. (5) A person is disqualified from managing corporations at a particular time if the person is, at that time, disqualified from managing Aboriginal and Torres Strait Islander corporations under Part 6-5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006. Foreign court orders (6) A person is disqualified from managing corporations if the person is disqualified, under an order made by a court of a foreign jurisdiction that is in force, from: (a) being a director of a foreign company; or (b) being concerned in the management of a foreign company; or (c) being a director of a passport fund, or of an operator of a passport fund; or (d) being concerned in the management of a passport fund. Definitions (7) In this section: foreign jurisdiction means a foreign country, or part of a foreign country, prescribed by the regulations as a foreign jurisdiction for the purposes of this section.