207Offences by officers

#### 207 Offences by officers 207 Offences by officers > > (1) In this section and sections 208 (Incurring debts not likely to be paid) and 209 (Powers of Court)— > > > > appropriate officer means— > > > > > (a) in relation to a co-operative housing body that is being wound-up—the liquidator, and > > > > > (b) in relation to a co-operative housing body that is under the management of an administrator—the administrator, and > > > > > (c) in relation to a co-operative housing body in relation to which a receiver or manager of all or any of the body’s property has been appointed, whether by the Court or under the powers contained in any instrument—the receiver or manager, and > > > > > (d) in relation to a co-operative housing body that has ceased to carry on business or is unable to pay its debts—the Registrar. > > > > co-operative housing body to which this section applies means a co-operative housing body— > > > > > (a) that is being wound-up, or > > > > > (b) that is under the management of an administrator, or > > > > > (c) in relation to which a receiver or manager has been appointed, whether by the Court or under the powers contained in any instrument, or > > > > > (d) that has ceased to carry on business or is unable to pay its debts. > > > > the relevant day means— > > > > > (a) in relation to a co-operative housing body that is being wound-up—the day on which under this Act the winding-up has started or is taken to have started, and > > > > > (b) in relation to a co-operative housing body that is under the management of an administrator—the day on which the administrator is appointed, and > > > > > (c) in relation to a co-operative housing body in relation to which a receiver or manager has been appointed—the day on which the receiver or manager was appointed, and > > > > > (d) in relation to a co-operative housing body that is unable to pay its debts—the day on which the execution or other process was returned unsatisfied in whole or in part, and > > > > > (e) in relation to a co-operative housing body that has, within the meaning of subsection (2), ceased to carry on business—the day on which a letter was first sent to the body or a notice was first published in the Gazette in relation to the body. > > > (2) (Repealed) > > > (3) An officer, or former officer, of a co-operative housing body to which this section applies who— > > > > > (a) does not to the best of the person’s knowledge and belief fully and truly disclose to the appropriate officer— > > > > > > > (i) all the property of the co-operative housing body, and > > > > > > > (ii) how and to whom and for what consideration and when the body disposed of any part of its property, except such part as has been disposed of in the ordinary course of the body’s business, or > > > > > (b) does not deliver up to the appropriate officer, or as the appropriate officer directs— > > > > > > > (i) all the property of the co-operative housing body 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 body and that the person is required by law to deliver up, or > > > > > (c) within 5 years before the relevant day or at any time on or after that day— > > > > > > > (i) has concealed any part of the body’s property to the value of $100 or more, or has concealed a debt due to or from the body, or > > > > > > > (ii) has fraudulently removed part of the body’s property to the value of $100 or more, or > > > > > > > (iii) has concealed, destroyed, mutilated or falsified, or has been privy to the concealment, destruction, mutilation or falsification of a document affecting, or relating to, the body’s property or affairs, or > > > > > > > (iv) has made, or has been privy to the making of, a false entry in any document affecting or relating to the body’s property or affairs, or > > > > > > > (v) has fraudulently parted with, altered or made any omission in, or has been privy to fraudulently parting with, altering or making an omission in a document affecting or relating to the body’s property or affairs, or > > > > > > > (vi) by a false representation or other fraud, has obtained on credit, for or on behalf of the body, property that the body has not subsequently paid for, or > > > > > > > (vii) has obtained on credit for or on behalf of the body, under the false pretence that the body is carrying on business, property that the body has not subsequently paid for, or > > > > > > > (viii) has pawned, pledged or disposed of any of the body’s property that has been obtained on credit and has not been paid for, unless the pawning, pledging or disposing was in the ordinary course of the body’s business, or > > > > > (d) knowingly makes any material omission in any statement relating to the body’s affairs, or > > > > > (e) knowing or believing that a false debt has been proved by any person, fails for a period of 1 month to inform the appropriate officer of the knowledge or belief, or > > > > > (f) prevents the production of any document affecting or relating to the body’s property or affairs, or > > > > > (g) within 5 years before the relevant day, or at any time on or after that day, has attempted to account for any part of the body’s property by making entries in the body’s documents showing fictitious transactions, losses or expenses, or > > > > > (h) within 5 years before the relevant day, or at any time on or after that day, has been guilty of any false representation or other fraud for the purpose of obtaining the consent of the body’s creditors or any of them to an agreement relating to the body’s affairs or to the winding-up, > > > > commits an offence. > > > > Maximum penalty—50 penalty units or imprisonment for 12 months, or both. > > > (4) It is a defence to a charge— > > > > > (a) under subsection (3) (a), (b) or (d) or subsection (3) (c) (i), (vii) or (viii), if the accused person proves that the person had no intent to defraud, and > > > > > (b) under subsection (3) (c) (iii) or (iv) or subsection (3) (f), if the accused person proves that the person had no intent to conceal the state of affairs of the co-operative housing body or to defeat the law. > > > (5) If a person pawns, pledges or disposes of property in circumstances that amount to an offence under subsection (3) (c) (viii), a person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged or disposed of in those circumstances commits an offence. > > > > Maximum penalty—50 penalty units or imprisonment for 12 months, or both. > > **s 207:** Am 2001 No 34, Sch 4.11 \[23\].