Commonwealth Consolidated Acts

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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 126J

Court power to revoke or vary a disqualification etc.

  (1)   A disqualified person, or the Regulator, may apply to the Federal Court of Australia for:

  (a)   if an individual is a disqualified person only because he or she was disqualified under section   126H--a variation or a revocation of the order made under that section; or

  (b)   otherwise--an order that the person is not a disqualified person.

  (2)   If the Court revokes an order under paragraph   (1)(a) or makes an order under paragraph   (1)(b), then, despite section   120, the person is not a disqualified person .

  (3)   At least 21 days before commencing the proceedings, written notice of the application must be lodged:

  (a)   if the disqualified person makes the application--by the person with the Regulator; or

  (b)   if the Regulator makes the application--by the Regulator with the disqualified person.

  (4)   An order under paragraph   (1)(b) may be expressed to be subject to exceptions and conditions determined by the Court.


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