Organised Crime Act 2015 · 2020 Revised Edition · Part 6 · Disqualification Orders
39. Disqualification to act as director on conviction of certain offences
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Without affecting section 154 of the Companies Act 1967, where a person —
is convicted of any Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13; or
contravenes an OCPO or FRO, which was made upon the conviction for any offence,the court may, upon an application by the Public Prosecutor, make a disqualification order in addition to any other sentence imposed.
A person who has a disqualification order made against him or her under subsection (1) must not act as a director of a company or of a foreign company to which Division 2 of Part 11 of the Companies Act 1967 applies, and the person must not take part, whether directly or indirectly, in the management of such a company or foreign company.
disqualification order
“disqualification order” means a disqualification order mentioned in section 39;
Where a person disqualified under this section is sentenced to imprisonment, the disqualification in subsection (2) takes effect upon conviction and continues for a period of 5 years after the person’s release from prison.
Where a person disqualified under this section is not sentenced to imprisonment, the disqualification in subsection (2) takes effect upon conviction and continues for a period of 5 years, or for a shorter period that the court may specify in the disqualification order.
A person who acts in contravention of a disqualification order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
A person disqualified under this section may, upon giving the Minister charged with the responsibility for the administration of Part 5 of the Companies Act 1967 not less than 14 days’ notice, apply for permission —
to act as a director of a company or of a foreign company to which Division 2 of Part 11 of the Companies Act 1967 applies; or
to take part, whether directly or indirectly, in the management of such a company or foreign company.
Upon the hearing of any application made under subsection (6), the Minister may be represented at the hearing and may oppose the granting of the application.