100Orders against persons concerned with incorporated

100 Orders against persons concerned with incorporated associations (1) In this section, a reference to a prescribed person is, in relation to an incorporated association, read as a reference to: (a) a liquidator or provisional liquidator of the association; or (b) a person authorised by the Director to make an application under this section in relation to the association. (2) Subject to subsection (3), if, on application by the Director or a prescribed person, the Supreme Court is satisfied: (a) a person is guilty of fraud, negligence, default, breach of trust or breach of duty in relation to an incorporated association; and Associations Act 2003 68 (b) the association has suffered, or is likely to suffer loss or damage as a result of the fraud, negligence, default, breach of trust or breach of duty; the Court may make an order or orders as it considers appropriate against or in relation to the person (including either or both of the orders specified in subsection (4)) and may so make an order against or in relation to a person even though the person may have committed an offence in relation to the matter to which the order relates. (3) The Court may not make an order against a person under subsection (2) unless the Court has given the person the opportunity: (a) to give evidence himself or herself; or (b) to call witnesses to give evidence; or (c) to adduce other evidence in relation to the matters to which the application relates; or (d) to employ, at his or her own expense, a legal practitioner to put to him or her or to another witness the questions the Court considers appropriate for the purpose of enabling him or her to explain or qualify an answer or evidence given by him or her. (4) The orders that may be made under subsection (2) against a person include: (a) an order directing the person to pay money or transfer property to the association; and (b) an order directing the person to pay to the association the amount of the loss or damage. (5) This section does not prevent a person from instituting other proceedings in relation to matters for which an application may be made under this section.