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s 431

Offences by involved person

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Part 15Supervision and protection of co‑operatives
Division 2Inquiries

431 Offences by involved person

(1)

An involved person must not —

(a)

fail to comply with a lawful requirement of an investigator without showing reasonable cause for the failure; or

(b)

give an investigator information knowing the information to be false or misleading in a material particular; or

(c)

when appearing before an investigator —

(i)

make a statement knowing the statement to be false or misleading in a material particular; or

(ii)

fail to be sworn or to make an affirmation.

Penalty for this subsection: a fine of $24 000, or imprisonment for 2 years, or both.

(2)

If an investigator considers that a failure by a person to comply with a requirement of the investigator is an offence under subsection (1)(a), the investigator may certify the failure to the Supreme Court and the Court may then —

(a)

order the involved person to comply with the requirement of the investigator within a stated period; or

(b)

instead of, or in addition to, making that order, punish the involved person as for a contempt of the Court if satisfied that there was no lawful excuse for the failure to comply with the requirement of the investigator.

[Section 431 amended: No. 7 of 2016 s. 165.]

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