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PRIVATE HEALTH INSURANCE (PRUDENTIAL SUPERVISION) ACT 2015 - SECT 119

Who is a disqualified person ?

  (1)   A person is a disqualified person if, at any time:

  (a)   the person has been convicted of an offence against or arising out of:

  (i)   this Act; or

  (ii)   the Private Health Insurance Act 2007 ; or

  (iii)   the Financial Sector (Collection of Data) Act 2001 ; or

  (iiia)   the Financial Accountability Regime Act 2023 ; or

  (iv)   the Corporations Act 2001 , the Corporations Law that was previously in force, or any law of a foreign country that corresponds to that Act or to that Corporations Law; or

  (b)   the person has been convicted of an offence against or arising out of a law in force in Australia, or the law of a foreign country, if the offence concerns dishonest conduct or conduct relating to:

  (i)   a private health insurer; or

  (ii)   a financial sector company (within the meaning of the Financial Sector (Shareholdings) Act 1998 ); or

  (iii)   a superannuation entity (within the meaning of the Superannuation Industry (Supervision) Act 1993 ); or

  (c)   the person has been or becomes bankrupt; or

  (d)   the person has applied to take the benefit of a law for the relief of bankrupt or insolvent debtors; or

  (e)   the person has compounded with his or her creditors; or

  (f)   the Federal Court has disqualified the person under section   120.

  (2)   A reference in subsection   (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made relating to the offence under:

  (a)   section   19B of the Crimes Act 1914 ; or

  (b)   a corresponding provision of a law of a State or Territory, or of a foreign country.

  (3)   Nothing in this section affects the operation of Part   VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).



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