ASSOCIATIONS INCORPORATION ACT 1985 - SECT 49AE
ASSOCIATIONS INCORPORATION ACT 1985 - SECT 49AE
(1) A court that
convicts a person of an offence under section 49AD may, on application by
the Commission or the liquidator of the incorporated association (if any),
declare that the person is personally responsible without any limitation of
liability—
(a) in
the case of a conviction under section 49AD(1)—for the payment to
the incorporated association of an amount equal to the whole of the debt to
which the conviction relates or such part of the debt as the court considers
appropriate; and
(b) in
the case of a conviction under section 49AD(3)—for the payment to
the incorporated association of the amount required to satisfy all or any of
the association's debts, as the court considers appropriate.
(2) A court that makes
a declaration under this section may make any consequential and ancillary
orders and directions.
(3) This section has
effect despite the fact that the person concerned is criminally liable in
relation to the matters on the ground on which the declaration is made.
(4) On the hearing of
an application under this section, the applicant may give evidence or call
witnesses.