Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A person is a disqualified person if the person has committed or engaged in a disqualifying act.
(2) However, even if a person has committed or engaged in a disqualifying act, the person is not a disqualified person if the commissioner is satisfied that, in all the circumstances, it would be reasonable not to regard the person as a disqualified person.
(3) In making a decision under subsection (2) in relation to a person, the commissioner must have regard to—
(a) the circumstances of the disqualifying act; and
(b) whether the person cooperated in the investigation of the disqualifying act; and
(c) the extent to which the person provided restitution for any loss suffered because of the disqualifying act; and
(d) the time since the disqualifying act was committed or engaged in; and
(e) whether the disqualifying act was an isolated event.
(4) Subsection (3) does not limit the matters to which the commissioner may have regard in making the decision.
(5) A director of a corporation is taken to have committed a disqualifying act if the director was a director of the corporation when the corporation committed the disqualifying act.
(6) In this section:
"disqualifying act" means—
(a) a contravention of this Act (including a requirement made by the commissioner under this Act) or a corresponding law of a State, whether or not the contravention is an offence; or
(b) a contravention of a condition of a licence; or
(c) a contravention of the Fair Trading (Motor Vehicle Service and Repair Industry) Code of Practice 1999 ; or
(d) an offence against the Trade Practices Act 1974 (Cwlth); or
(e) an offence against the Fair Trading Act 1992 or a corresponding law of a State; or
(f) an offence against a law of the Territory, the Commonwealth, a State, another Territory or a foreign country punishable by imprisonment for longer than 1 year.