25Offences

25 Offences

S. 25(1) substituted by No. 58/2004 s. 10(1).

(1) A Trust which contravenes this Act in any manner referred to in subsection (2), and every officer of the Trust who knowingly authorises or permits the contravention, shall be guilty of an offence and liable to a penalty not exceeding 10 penalty units.

(2) The contraventions to which subsection (1) applies are as follows—

(a) failing to keep proper books of account;

S. 25(2)(b) amended by No. 58/2004 s. 10(2).

(b) failing to establish or maintain a register of members;

(c) failing to hold an annual general meeting in any year;

S. 25(2)(ca) inserted by No. 29/2024 s. 10.

(ca) failing to hold an additional general meeting in any year as required under section 22(7) without an exemption under section 22A;

S. 25(2)(d) amended by No. 33/2013 s. 35(a).

(d) failing to cause to be laid before any annual general meeting the balance-sheet profit and loss account and reports required to be laid before the meeting by section 18C;

(e) failing to appoint at any annual general meeting an auditor to fill any vacancy which exists at the time of the annual general meeting;

S. 25(2)(f) amended by No. 33/2013 s. 35(b).

(f) failing to supply or deliver to the Minister any particulars or documents required to be supplied or delivered to the Minister under section 23S(1) or 23T(1) or (2); and

(g) making any payment from the funds of the Trust which is not authorized by this Act.

(3) In this section officer of a Trust includes a member of the committee of management and the Secretary.

S. 25(4) amended by Nos 57/1989
s. 3(Sch. item 2.1(a)(b)), 68/2009 s. 97(Sch. item 2).

(4) Notwithstanding anything to the contrary in any Act, a charge-sheet charging an offence against this Act may be filed at any time within three years after the date on which the offence was committed.

S. 26
repealed by No. 8606 s. 10.

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Heading preceding s. 27 inserted by No. 33/2013 s. 36.

Relief