Failure to give certificate or access—offence
58 Failure to give certificate or access—offence
A person commits an offence if—
the person is a member of the committee of management of a body corporate; and
the body corporate fails to comply with a request under section 56 (Community title certificate and access to body corporate records) for a community title certificate or access to books, records or documents held by the body corporate.
Maximum penalty: 50 penalty units.
An offence against this section is a strict liability offence.
It is a defence to a prosecution for an offence against this section if the defendant proves that—
the person making the request, when asked by someone acting for the body corporate, did not give the body corporate reasonable grounds to believe that the person was an eligible person; or
the defendant took reasonable steps to ensure that the request was complied with; or
the failure to comply with the request happened without the defendant’s knowledge.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.