❓ The Attorney General addresses concerns about corporations being used for organised crime, outlining current disqualification provisions and potential reforms like a 'fit and proper person' test and a national register.
AnsweredQoN 384Legislative Assembly
QuestionView source ↗
CORPORATIONS LAW — CRIMINAL ACTIVITY
This morning the Attorney General informed the house of a development at the most recent meeting of the Ministerial Council for Corporations relating to the ability of organised crime to use corporations for criminal purposes. Can the Attorney General provide members with further details about this development? Mr C.C. PORTER
This morning the Attorney General informed the house of a development at the most recent meeting of the Ministerial Council for Corporations relating to the ability of organised crime to use corporations for criminal purposes. Can the Attorney General provide members with further details about this development? Mr C.C. PORTER
AnswerView source ↗
I thank the member for Nedlands for his interest in corporations law. Under the Corporations Act 2001, there are certain ways in which a person who would otherwise be managing a corporation might be disqualified from managing that corporation. They sit in two basic categories. In fact, these levels of disqualification have been unchanged for some considerable period. Firstly, someone might be convicted on indictment of an offence that concerns the making or participation in the making of decisions that affect the whole or a substantial part of a business or corporation; and, secondly, someone might be convicted of an offence that concerns an act that has the capacity to affect significantly the corporation’s financial standing. Those first two deal with an offence for which the person has been convicted that affects that person’s ability to manage a corporation. There is also a second grouping. A person might be disqualified from managing a corporation if that person is convicted of an offence that is a contravention of the Corporations Act and is punishable by imprisonment for a period greater than 12 months, or involves dishonesty and is punishable by imprisonment for at least three months. What might be said about those is that they are, in context, relatively limited ways in which someone could be disqualified from managing a corporation based on the most recent provisions of the Corporations Act. Without going into the relevant levels of intelligence that were put before the Standing Committee of Attorneys-General and the ministers in charge of the Corporations Act, what was discussed was that across all the Australian jurisdictions there is intelligence to show that corporations are being used more regularly—this is not new—as a front by organisations that have been determined to involve themselves in serious organised criminal activity, and that the corporations themselves involve a mask or front to hide criminal activity, particularly money laundering but also a range of criminal activities. New South Wales put this possibility to the Standing Committee of Attorneys-General and, indeed, MINCO. It was looking at a range of options for how we might go about increasing the ability — Mr P.B. Watson interjected. Mr C.C. PORTER : I think corporations law is a very serious business. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr C.C. PORTER replied: I thank the member for Nedlands for his interest in corporations law. Under the Corporations Act 2001, there are certain ways in which a person who would otherwise be managing a corporation might be disqualified from managing that corporation. They sit in two basic categories. In fact, these levels of disqualification have been unchanged for some considerable period. Firstly, someone might be convicted on indictment of an offence that concerns the making or participation in the making of decisions that affect the whole or a substantial part of a business or corporation; and, secondly, someone might be convicted of an offence that concerns an act that has the capacity to affect significantly the corporation’s financial standing. Those first two deal with an offence for which the person has been convicted that affects that person’s ability to manage a corporation. There is also a second grouping. A person might be disqualified from managing a corporation if that person is convicted of an offence that is a contravention of the Corporations Act and is punishable by imprisonment for a period greater than 12 months, or involves dishonesty and is punishable by imprisonment for at least three months. What might be said about those is that they are, in context, relatively limited ways in which someone could be disqualified from managing a corporation based on the most recent provisions of the Corporations Act. Without going into the relevant levels of intelligence that were put before the Standing Committee of Attorneys-General and the ministers in charge of the Corporations Act, what was discussed was that across all the Australian jurisdictions there is intelligence to show that corporations are being used more regularly—this is not new—as a front by organisations that have been determined to involve themselves in serious organised criminal activity, and that the corporations themselves involve a mask or front to hide criminal activity, particularly money laundering but also a range of criminal activities. New South Wales put this possibility to the Standing Committee of Attorneys-General and, indeed, MINCO. It was looking at a range of options for how we might go about increasing the ability — Mr P.B. Watson interjected. Mr C.C. PORTER : I think corporations law is a very serious business. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
I thank the member for Nedlands for his interest in corporations law. Under the Corporations Act 2001, there are certain ways in which a person who would otherwise be managing a corporation might be disqualified from managing that corporation. They sit in two basic categories. In fact, these levels of disqualification have been unchanged for some considerable period. Firstly, someone might be convicted on indictment of an offence that concerns the making or participation in the making of decisions that affect the whole or a substantial part of a business or corporation; and, secondly, someone might be convicted of an offence that concerns an act that has the capacity to affect significantly the corporation’s financial standing. Those first two deal with an offence for which the person has been convicted that affects that person’s ability to manage a corporation. There is also a second grouping. A person might be disqualified from managing a corporation if that person is convicted of an offence that is a contravention of the Corporations Act and is punishable by imprisonment for a period greater than 12 months, or involves dishonesty and is punishable by imprisonment for at least three months. What might be said about those is that they are, in context, relatively limited ways in which someone could be disqualified from managing a corporation based on the most recent provisions of the Corporations Act. Without going into the relevant levels of intelligence that were put before the Standing Committee of Attorneys-General and the ministers in charge of the Corporations Act, what was discussed was that across all the Australian jurisdictions there is intelligence to show that corporations are being used more regularly—this is not new—as a front by organisations that have been determined to involve themselves in serious organised criminal activity, and that the corporations themselves involve a mask or front to hide criminal activity, particularly money laundering but also a range of criminal activities. New South Wales put this possibility to the Standing Committee of Attorneys-General and, indeed, MINCO. It was looking at a range of options for how we might go about increasing the ability — Mr P.B. Watson interjected. Mr C.C. PORTER : I think corporations law is a very serious business. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr P.B. Watson interjected. Mr C.C. PORTER : I think corporations law is a very serious business. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr C.C. PORTER : I think corporations law is a very serious business. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr C.C. PORTER replied: I thank the member for Nedlands for his interest in corporations law. Under the Corporations Act 2001, there are certain ways in which a person who would otherwise be managing a corporation might be disqualified from managing that corporation. They sit in two basic categories. In fact, these levels of disqualification have been unchanged for some considerable period. Firstly, someone might be convicted on indictment of an offence that concerns the making or participation in the making of decisions that affect the whole or a substantial part of a business or corporation; and, secondly, someone might be convicted of an offence that concerns an act that has the capacity to affect significantly the corporation’s financial standing. Those first two deal with an offence for which the person has been convicted that affects that person’s ability to manage a corporation. There is also a second grouping. A person might be disqualified from managing a corporation if that person is convicted of an offence that is a contravention of the Corporations Act and is punishable by imprisonment for a period greater than 12 months, or involves dishonesty and is punishable by imprisonment for at least three months. What might be said about those is that they are, in context, relatively limited ways in which someone could be disqualified from managing a corporation based on the most recent provisions of the Corporations Act. Without going into the relevant levels of intelligence that were put before the Standing Committee of Attorneys-General and the ministers in charge of the Corporations Act, what was discussed was that across all the Australian jurisdictions there is intelligence to show that corporations are being used more regularly—this is not new—as a front by organisations that have been determined to involve themselves in serious organised criminal activity, and that the corporations themselves involve a mask or front to hide criminal activity, particularly money laundering but also a range of criminal activities. New South Wales put this possibility to the Standing Committee of Attorneys-General and, indeed, MINCO. It was looking at a range of options for how we might go about increasing the ability — Mr P.B. Watson interjected. Mr C.C. PORTER : I think corporations law is a very serious business. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
I thank the member for Nedlands for his interest in corporations law. Under the Corporations Act 2001, there are certain ways in which a person who would otherwise be managing a corporation might be disqualified from managing that corporation. They sit in two basic categories. In fact, these levels of disqualification have been unchanged for some considerable period. Firstly, someone might be convicted on indictment of an offence that concerns the making or participation in the making of decisions that affect the whole or a substantial part of a business or corporation; and, secondly, someone might be convicted of an offence that concerns an act that has the capacity to affect significantly the corporation’s financial standing. Those first two deal with an offence for which the person has been convicted that affects that person’s ability to manage a corporation. There is also a second grouping. A person might be disqualified from managing a corporation if that person is convicted of an offence that is a contravention of the Corporations Act and is punishable by imprisonment for a period greater than 12 months, or involves dishonesty and is punishable by imprisonment for at least three months. What might be said about those is that they are, in context, relatively limited ways in which someone could be disqualified from managing a corporation based on the most recent provisions of the Corporations Act. Without going into the relevant levels of intelligence that were put before the Standing Committee of Attorneys-General and the ministers in charge of the Corporations Act, what was discussed was that across all the Australian jurisdictions there is intelligence to show that corporations are being used more regularly—this is not new—as a front by organisations that have been determined to involve themselves in serious organised criminal activity, and that the corporations themselves involve a mask or front to hide criminal activity, particularly money laundering but also a range of criminal activities. New South Wales put this possibility to the Standing Committee of Attorneys-General and, indeed, MINCO. It was looking at a range of options for how we might go about increasing the ability — Mr P.B. Watson interjected. Mr C.C. PORTER : I think corporations law is a very serious business. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr P.B. Watson interjected. Mr C.C. PORTER : I think corporations law is a very serious business. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr C.C. PORTER : I think corporations law is a very serious business. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
The SPEAKER : Order, members! Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr C.C. PORTER : Maybe I need to get out more, but it is also a very interesting area. Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Several members interjected. The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
The SPEAKER : The Attorney General. Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr C.C. PORTER : Bad guys out there are using companies, which are a form of organisation, to conduct drug-running activities. At the moment we have a very limited ability to prevent that from happening. At a recent meeting, which is a group of people sitting together and making decisions, we undertook to try to rectify that situation by looking at a number of options, including introducing a fit and proper person ground of disqualification — Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Several members interjected. The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
The SPEAKER : Maybe some people on either side of this house do not have a particular interest in the question that has been asked or the answer that is being given, but I ask other members in this place to respect the silence that the minister needs to give the answer. Some other people in this place also might be interested in hearing some of the detail being provided by the Attorney General. While I am on my feet, I formally call to order the member for Albany. Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr C.C. PORTER : I will continue with the quick and abbreviated summary of corporations law and the options that were put before the ministerial council. They were to introduce a fit and proper person ground of disqualification or to extend the scope of automatic disqualifications to include specified categories of offences or all serious offences and also, perhaps, to create a national register of disqualified persons. This is not without controversy. In fact, some of those options may be seen to go a little too far. Disqualifying someone from ever managing or directing a corporation based on the fact that the person has at any point been found guilty of a serious offence might be too broad; indeed, keeping it too narrow by looking at a fit and proper person disqualification might cause problems in itself. It is obviously distressing that some people on the other side of the house are not terribly interested in corporations law. It is a fascinating area. There are no silver bullets in this area. Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Several members interjected. The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
The SPEAKER : Order, members! Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
Mr C.C. PORTER : This is a simple and quick way in which this state can contribute on a national basis to decreasing the infiltration of organised crime into corporate commercial activity that masks illegal activity.
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