Associations Incorporation Act 1985

An officer or former officer of an incorporated association to which this Division applies who—

does not, to the best of the person's knowledge and belief, fully and truly disclose to the appropriate officer—

all the property of the association; and

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

does not deliver up to the appropriate officer, or as the appropriate officer directs—

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

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

has, within five years before the relevant day or at any time on or after that day—

fraudulently concealed or removed any part of the association's property to the value of $100 or more; or

concealed a debt due to or from the association; or

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

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

fraudulently pawned, pledged or disposed of property of the association that has been obtained on credit and has not been paid for;

fraudulently makes any material omission in a statement relating to the affairs of the association; or

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

prevents the production of any document affecting or relating to the affairs of the association; or

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

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.

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.