South Australian Consolidated Acts

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ASSOCIATIONS INCORPORATION ACT 1985 - SECT 39A

39A—Duties of officers etc

        (1)         An officer of an incorporated association must not, in the exercise of his or her powers or the discharge of the duties of his or her office, commit an act with intent to deceive or defraud the association, members or creditors of the association or creditors of any other person or for any fraudulent purpose.

Maximum penalty: $20 000 or imprisonment for four years.

        (2)         An officer or employee of an incorporated association, or former officer or employee of an incorporated association, must not make improper use of information acquired by virtue of his or her position in the association so as to gain, directly or indirectly, any pecuniary benefit or material advantage for himself or herself or any other person, or so as to cause a detriment to the association.

Maximum penalty: $20 000 or imprisonment for four years.

        (3)         An officer or employee of an incorporated association must not make improper use of his or her position as such an officer or employee so as to gain, directly or indirectly, any pecuniary benefit or material advantage for himself or herself or any other person, or so as to cause a detriment to the association.

Maximum penalty: $20 000 or imprisonment for four years.

        (4)         An officer of a prescribed association must at all times act with reasonable care and diligence in the exercise of his or her powers and the discharge of the duties of his or her office.

Maximum penalty: $1 250.

        (5)         A person who contravenes a provision of this section is liable to the association for any profit made by him or her and for any damage suffered by the association as a result of that contravention.



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