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StatuteCorporations Act 2001

Section 920B — Corporations Act 2001: What a banning order prohibits

Text of the provision Official document

(1) A banning order made against a person may specify that the person is prohibited from doing one or more of the following: (a) providing any financial services; (b) providing specified financial services in specified circumstances or capacities; (c) controlling, whether alone or in concert with one or more other entities, an entity that carries on a financial services business; (d) performing any function involved in the carrying on of a financial services business (including as an officer, manager, employee, contractor or in some other capacity); (e) performing specified functions involved in the carrying on of a financial services business. (2) The banning order may specify that a particular prohibition specified in the order applies against the person: (a) if the sole ground for the banning order is because paragraph 920A(1)(k) applies—for a specified period of up to 5 years; or (b) otherwise—either permanently or for a specified period. Note: This subsection applies separately to each prohibition specified in the order. (3) A banning order may include a provision allowing the person against whom it was made, subject to any specified conditions: (a) to do specified acts; or (b) to do specified acts in specified circumstances; that the order would otherwise prohibit them from doing.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.