Section 206C — Corporations Act 2001 (Cth)

(1) On application by ASIC, the Court may disqualify a person from managing corporations for a period that the Court considers appropriate if:

(a) a declaration is made under:

(i) section 1317E (civil penalty provision) that the person has contravened a corporation/scheme civil penalty provision or subsection 670A(4), 727(6), 728(4) or 1309(12); or

(ii) section 386‑1 (civil penalty provision) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 that the person has contravened a civil penalty provision (within the meaning of that Act); and

(b) the Court is satisfied that the disqualification is justified.

(2) In determining whether the disqualification is justified, the Court may have regard to:

(a) the person’s conduct in relation to the management, business or property of any corporation; and

(b) any other matters that the Court considers appropriate.

(3) To avoid doubt, the reference in paragraph (2)(a) to a corporation includes a reference to an Aboriginal and Torres Strait Islander corporation.

Related sections

• s 206A — Disqualified person not to manage corporations
• s 206B — Automatic disqualification—convictions, bankruptcy and foreign court orders etc.
• s 206BA — Extension of period of automatic disqualification under section 206B
• s 206D — Court power of disqualification—insolvency and non‑payment of debts
• s 206E — Court power of disqualification—repeated contraventions of Act
• s 206EAA — Court power of disqualification—disqualification under a law of a foreign jurisdiction

Research how courts apply s 206C

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