ASSOCIATIONS INCORPORATION ACT 1985 - SECT 49AB
ASSOCIATIONS INCORPORATION ACT 1985 - SECT 49AB
(1) An officer or
former officer of an incorporated association to which this Division applies
who—
(a) does
not, to the best of the person's knowledge and belief, fully and truly
disclose to the appropriate officer—
(i)
all the property of the association; and
(ii)
how, to whom, for what consideration and when the
association disposed of any part of its property, except such part as has been
disposed of in accordance with the rules of the association; or
(b) does
not deliver up to the appropriate officer, or as the appropriate officer
directs—
(i)
all the property of the association in the person's
custody or under the person's control and that the person is required by law
to deliver up; or
(ii)
all documents in the person's custody or under the
person's control belonging to the association and that the person is required
by law to deliver up; or
(c) has,
within five years before the relevant day or at any time on or after that
day—
(i)
fraudulently concealed or removed any part of the
association's property to the value of $100 or more; or
(ii)
concealed a debt due to or from the association; or
(iii)
fraudulently parted with, altered or made any omission
in, or been privy to fraudulent parting with, altering or making an omission
in, a document affecting or relating to affairs of the association; or
(iv)
by a false representation or other fraud, obtained on
credit for or on behalf of the association, property that the association has
not subsequently paid for; or
(v)
fraudulently pawned, pledged or disposed of property of
the association that has been obtained on credit and has not been paid for; or
(d)
fraudulently makes any material omission in a statement relating to the
affairs of the association; or
(e)
knowing or believing that a false debt has been proved by a person, fails for
a period of one month to inform the appropriate officer of the knowledge or
belief; or
(f)
prevents the production of any document affecting or relating to the affairs
of the association; or
(g)
within five years before the relevant day, or at any time on or after that
day, has attempted to account for any part of the association's property by
making entries in the association's documents showing fictitious transactions,
losses or expenses; or
(h)
within five years before the relevant day, or at any time on or after that
day, has been guilty of any false representation or other fraud for the
purpose of obtaining the consent of the association's creditors or any of them
to an agreement relating to the association's affairs or to the winding up,
commits an offence.
Maximum penalty: $10 000 or two years imprisonment.
(2) If a person pawns,
pledges or disposes of property in circumstances that amount to an offence
under subsection (1)(c)(v), a person who takes in pawn or pledge or
otherwise receives the property knowing it to be pawned, pledged or disposed
of in those circumstances commits an offence.
Maximum penalty: $10 000 or two years imprisonment.