Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 832

832. (1) Subject to sections 833 and 837, this section has effect where a
person applies to the Commission to vary or revoke a banning order relating to
the person.

(2) If:

   (a)  the person is not an insolvent under administration;

   (b)  the Commission has no reason to believe that the person is not of good
        fame and character; and

   (c)  the Commission has no reason to believe that the person will not
        perform efficiently, honestly and fairly the duties of:

        (i)    a representative of a dealer; or

        (ii)   a representative of an investment adviser; the Commission
               shall, by written order:

   (d)  if only one of subparagraphs (c)(i) and (ii) applies-vary the banning
        order so that it no longer prohibits the person from doing an act as a
        representative of a dealer, or of an investment adviser, as the case
        may be; or

   (e)  in any other case-revoke the banning order.

(3) Otherwise, the Commission shall refuse the application.

(4) In determining whether or not it has reason to believe as mentioned in
paragraph (2) (b) or (c), the Commission shall have regard to any conviction
of the person, during the 10 years ending on the day of the application, of
serious fraud.

(5) Nothing in subsection (4) limits the matters to which the Commission may
have regard:

   (a)  in deciding on the application; or

   (b)  in connection with performing or exercising any other function or
        power under this Part.