Victorian Current Acts

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OWNERS CORPORATIONS ACT 2006 - SECT 186

Automatic cancellation of registration

    (1)     A person's registration as a manager is automatically cancelled if—

S. 186(1)(a) amended by No. 13/2019 s. 221(Sch.  1 item 34).

        (a)     the person or, if the person is a corporation, a director of the corporation, becomes a represented person within the meaning of the Guardianship and Administration Act 2019 ; or

        (b)     the person, or if the person is a corporation, a director of the corporation, becomes an insolvent under administration or an externally-administered body corporate.

S. 186(2) inserted by No. 4/2021 s. 77.

    (2)     Subject to section 186A, a person's registration as a manager is automatically cancelled 30 days after the person, or if the person is a corporation, a director of the corporation, is convicted or found guilty of—

        (a)     an offence involving fraud, dishonesty, drug cultivation or trafficking that was punishable by a term of imprisonment for 3 months or more at the time of the conviction or finding of guilt; or

        (b)     an offence involving sexual slavery or servitude that was punishable by a term of imprisonment for 3 months or more at the time of the conviction or finding of guilt; or

        (c)     an offence involving child pornography or violence that was punishable by a term of imprisonment for 3 months or more at the time of the conviction or finding of guilt; or

        (d)     a sexual offence or an offence connected with sex work that was punishable by a term of imprisonment for 3 months or more at the time of the conviction or finding of guilt; or

        (e)     an offence that, if committed in Victoria, would constitute an offence referred to in paragraph (a), (b), (c) or (d).

S. 186(3) inserted by No. 4/2021 s. 77.

    (3)     For the purposes of subsection (2), the conviction or finding of guilt of the person takes effect on the later of—

        (a)     if the person appeals against the conviction or finding of guilt—

              (i)     the day on which the conviction or finding is upheld or confirmed; or

              (ii)     the day on which leave to appeal is refused; or

        (b)     in any other case—at the end of the period during which the person may appeal against the conviction or finding of guilt.

S. 186(4) inserted by No. 4/2021 s. 77.

    (4)     If a person whose registration would otherwise be cancelled under subsection (2) applies for permission under section 186A to continue to be registered as a manager within the 30-day period referred to in subsection (2), the person's registration is only automatically cancelled if the application is withdrawn or is refused by the Business Licensing Authority.

S. 186(5) inserted by No. 4/2021 s. 77.

    (5)     A person's registration as a manager is automatically cancelled 30 days after the person fails to be covered by professional indemnity insurance in accordance with section 185A.

S. 186A inserted by No. 4/2021 s. 78.



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