88Non-disclosure

88 Non-disclosure (1) An officer or former officer of an incorporated association to which this Division applies: (a) must, to the best of the person's knowledge and belief, fully and truly disclose to the appropriate officer: (i) all the property of the association; and (ii) how, to whom, for what consideration and when the association disposed of a part of its property, except a part disposed of in accordance with the constitution of the association; and (b) must deliver to the appropriate officer or as the appropriate officer directs: (i) all the property of the association in the person's custody or under the person's control and that the person is required by law to deliver up; or (ii) all documents in the person's custody or under the person's control belonging to the association and that the person is required by law to deliver up; and (c) must not, within 5 years before the relevant day or on or after that day: (i) fraudulently conceal or remove a part of the association's property to the value of $100 or more; or (ii) conceal a debt due to or payable by the association; or (iii) fraudulently part with, alter or make an omission in, or be privy to fraudulently parting with, altering or making an omission in, a document affecting or relating to the affairs of the association; or Associations Act 2003 59 (iv) by a false representation or other fraud, obtain on credit for or on behalf of the association, property that the association has not subsequently paid for; or (v) fraudulently pawn, pledge or dispose of property of the association that has been obtained on credit and has not been paid for; and (d) must not fraudulently make a material omission in a statement relating to the affairs of the association; and (e) must not, knowing or believing that a false debt has been proved by a person, fail for a period of one month or more to inform the appropriate officer of the knowledge or belief; and (f) must not prevent the production of a document affecting or relating to the affairs of the association; and (g) must not, within 5 years before the relevant day or on or after that day, attempt to account for a part of the association's property by making entries in the association's documents showing fictitious transactions, losses or expenses; and (h) must not, within 5 years before the relevant day or on or after that day, make a false representation for the purpose of obtaining the consent of a creditor of the association to an agreement relating to the affairs of the association or to the winding up. (2) A person must not take in pawn or pledge or otherwise receive property from a person knowing it to be pawned, pledged or disposed of in circumstances that amount to an offence against subsection (1)(c)(v) by the other person.