s 180

Corrupt inducement or reward for replacement of trustee

In force

(1)

A person must not offer or give valuable consideration to a trustee—

(a)

for a dishonest or otherwise corrupt purpose; and

(b)

intending to induce the trustee to appoint a person in the trustee's place.

Penalty: In the case of an individual, level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both;

In the case of a body corporate, a level 5 fine (1200 penalty units maximum).

(2)

A person must not offer or give valuable consideration to a former trustee—

(a)

for a dishonest or otherwise corrupt purpose; and

(b)

intending to reward the former trustee for having appointed a person in the former trustee's place.

Penalty: In the case of an individual, level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both;

In the case of a body corporate, a level 5 fine (1200 penalty units maximum).

(3)

A trustee must not solicit or receive valuable consideration for the trustee or any other person—

(a)

for a dishonest or otherwise corrupt purpose; and

(b)

intending to appoint a person in the trustee's place in return for that consideration.

Penalty: In the case of an individual, level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both;

In the case of a body corporate, a level 5 fine (1200 penalty units maximum).

(4)

A former trustee who has appointed a person in the former trustee's place must not solicit valuable consideration for the former trustee or any other person—

(a)

for a dishonest or otherwise corrupt purpose; and

(b)

intending that the consideration be a reward for that appointment.

Penalty: In the case of an individual, level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both;

In the case of a body corporate, a level 5 fine (1200 penalty units maximum).

(5)

A former trustee who has appointed a person in the former trustee's place must not receive valuable consideration for the former trustee or any other person that is given, and that the former trustee knows or believes is given—

(a)

for a dishonest or otherwise corrupt purpose; and

(b)

as a reward for that appointment.

Penalty: In the case of an individual, level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both;

In the case of a body corporate, a level 5 fine (1200 penalty units maximum).

(6)

In this section—

appoint includes—

(a)

authorise an appointment; or

(b)

join in an appointment; or

(c)

join in the authorising of an appointment.

No. 6103 s. 181.

S. 181 amended by Nos 9554 s. 2(2)(Sch. 2 item 53), 9576 s. 11(1), 36/1988 s. 8(e)(i)–(iii), 49/1991 s. 119(1) (Sch. 2 item 48), 48/1997 s. 60(1)(Sch. 1 item 68).

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