136Contravention of Division

#### 136 Contravention of Division 136 Contravention of Division > > (1) A director of a society who fails to take all reasonable steps to comply with or secure compliance with any provision of this Division commits an offence. > > > > Maximum penalty— > > > > > (a) if the offence is committed with intent to deceive or defraud creditors of the society or creditors of any other person or for a fraudulent purpose—20 penalty units, or > > > > > (b) in any other case—5 penalty units. > > > (2) (Repealed) > > > (3) In any proceeding for an offence against subsection (1) arising out of an omission from the accounts of a society or the group accounts of a holding society, it is a defence to prove that the information omitted was immaterial and did not affect the giving of a true and fair view of the matters required by this Division to be dealt with in those accounts. > > > (4) If, after the end of the period within which any accounts of a society or any report of the directors of a society is or are required under this Division to be prepared, the Registrar, by written notice to each of the directors, requires the directors to produce the accounts or report to a person specified in the notice on a date and at a place so specified, and the directors fail to produce the accounts or report as required by the notice, then, in any proceeding for a failure to comply with the requirements of this Division, proof of the failure to produce the accounts or report as required by the notice is evidence that the accounts or report were not prepared within that period. > > **s 136:** Am 2016 No 27, Sch 1.9 \[14\].