ASSOCIATIONS INCORPORATION ACT 1985 - SECT 62A

ASSOCIATIONS INCORPORATION ACT 1985 - SECT 62A

62A—Orders against persons concerned with associations

        (1)         In this section, a reference to a prescribed person, in relation to an association, is to be construed as a reference to a liquidator or provisional liquidator of the association or to any other person authorised by the Commission to make applications under this section or to make an application under this section in relation to that association.

        (2)         Subject to subsection (3), where, on application by the Commission or a prescribed person, the Supreme Court is satisfied that—

            (a)         a person is guilty of fraud, negligence, default, breach of trust or breach of duty in relation to an association; and

            (b)         the association has suffered, or is likely to suffer, loss or damage as a result of the fraud, negligence, default, breach of trust or breach of duty,

the Court may make such order or orders as it thinks appropriate against or in relation to the person (including either or both of the orders specified in subsection (4)) and may so make an order against or in relation to a person notwithstanding that the person may have committed an offence in respect of the matter to which the order relates.

        (3)         The Court may not make an order against a person under subsection (2) unless the Court has given the person the opportunity—

            (a)         to give evidence himself or herself; and

            (b)         to call witnesses to give evidence; and

            (c)         to adduce other evidence in relation to the matters to which the application relates; and

            (d)         to employ, at his or her own expense, a solicitor, or a solicitor and counsel, to put to him or her, or to any other witness, such questions as the Court considers just for the purpose of enabling him or her to explain or qualify any answers or evidence given by him or her.

        (4)         The orders that may be made under subsection (2) against a person include—

            (a)         an order directing the person to pay money or transfer property to the association; and

            (b)         an order directing the person to pay to the association the amount of the loss or damage.

        (5)         Nothing in this section prevents any person from instituting any other proceedings in relation to matters in respect of which an application may be made under this section.