Powers of court
49AE Powers of court
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—
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
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.
A court that makes a declaration under this section may make any consequential and ancillary orders and directions.
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.
On the hearing of an application under this section, the applicant may give evidence or call witnesses.
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