Co-operatives National Law (Queensland)
sec.488False statements in loan application etc
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sec.488 False statements in loan application etc
A person must not in, or in relation to, an application, request, or demand for money made to or of a co-operative— give information or make a statement to the co-operative or an officer, employee or agent of the co-operative knowing it to be false or misleading in a material particular; or proffer to the co-operative or an officer, employee or agent of the co-operative any information or statement provided by another person knowing it to be false or misleading in a material particular. Maximum penalty—$6,000 or imprisonment for 6 months, or both. If a person is found guilty of an offence under subsection (1) , a co-operative from which money has been obtained by the person in relation to the commission of the offence may exercise all rights under a mortgage or other security given to it by the person to secure the repayment of money that it could exercise if there were a breach of a covenant or of a term of a contract by which the security was given. The co-operative may exercise the rights whether the mortgage or other security was executed by the person alone or by the person and another person or other persons. (sec.488-ssec.1) A person must not in, or in relation to, an application, request, or demand for money made to or of a co-operative— give information or make a statement to the co-operative or an officer, employee or agent of the co-operative knowing it to be false or misleading in a material particular; or proffer to the co-operative or an officer, employee or agent of the co-operative any information or statement provided by another person knowing it to be false or misleading in a material particular. Maximum penalty—$6,000 or imprisonment for 6 months, or both. (sec.488-ssec.2) If a person is found guilty of an offence under subsection (1) , a co-operative from which money has been obtained by the person in relation to the commission of the offence may exercise all rights under a mortgage or other security given to it by the person to secure the repayment of money that it could exercise if there were a breach of a covenant or of a term of a contract by which the security was given. (sec.488-ssec.3) The co-operative may exercise the rights whether the mortgage or other security was executed by the person alone or by the person and another person or other persons.
- (a) give information or make a statement to the co-operative or an officer, employee or agent of the co-operative knowing it to be false or misleading in a material particular; or
- (b) proffer to the co-operative or an officer, employee or agent of the co-operative any information or statement provided by another person knowing it to be false or misleading in a material particular.