90Incurring debts not likely to be paid

90 Incurring debts not likely to be paid (a) an incorporated association has incurred a debt; and (b) immediately before the debt was incurred: (i) there were reasonable grounds to expect that the association would not be able to pay all its debts as and when they became due; or (ii) there were reasonable grounds to expect that, if the association incurred the debt, it would not be able to pay all its debts as and when they became due; and (c) the association was at the time when the debt was incurred, or became at a later time, an incorporated association to which this Division applies; a person who was an officer of the association, or who took part in the management of the association, when the debt was incurred is guilty of an offence. (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves: (a) that the debt was incurred without the defendant's express or implied authority or consent; or

Associations Act 2003 61 (b) that when the debt was incurred the defendant did not have reasonable cause to expect: (i) that the association would not be able to pay all its debts as and when they became due; or (ii) that, if the association incurred that debt, it would not be able to pay all its debts as and when they became due. (3) If: (a) an incorporated association has done an act (including the making of a contract or the entering into of a transaction) with intent to defraud creditors of the association or of another person or for another fraudulent purpose; and (b) the association was at the time when it did the act, or becomes at a later time, an incorporated association to which this Division applies; a person who was concerned in the doing of the act with that intent or for that purpose is guilty of an offence. (4) A certificate issued by a court stating that a person specified in the certificate: (a) was convicted of an offence against subsection (1) in relation to the debt specified in the certificate incurred by the association specified in the certificate; or (b) was convicted of an offence against subsection (3) in relation to the association specified in the certificate; is, in any proceedings, prima facie evidence of the matters stated in the certificate. (5) A document purporting to be a certificate issued under subsection (4) is, unless the contrary is established, taken to be a certificate issued under subsection (4) and to have been duly issued.