12Punishment for officer or member, &c., withholding money, &c.

12 Punishment for officer or member, &c., withholding money, &c.

[Section 12 Amended by 25 Geo. V No. 78 ][Section 12 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. III ][Section 12 Subsection (1) amended by No. 16 of 1985, s. 6 and Sched. 1 ]**[Section 12 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  *[Section 12 Subsection (1) amended by No. 55 of 1965, s. 5 ]*If any officer, member, or other person being or representing himself to be a member of a trade union registered under this Act, or the nominee, executor, administrator, or assignee of a member thereof, or any person whatsoever, by false representation or imposition obtain possession of any moneys, securities, books, papers, or other effects of such trade union, or, having the same in his possession, wilfully withhold or fraudulently misapply the same, or wilfully apply any part of the same to purposes other than those expressed or directed in the rules of such trade union or any part thereof, any two justices, upon a complaint made by any person on behalf of such trade union or by the Commissioner, may make an order requiring such officer, member, or other person to deliver up all such moneys, securities, books, papers, or other effects to the trade union, or to repay the amount of money applied improperly, and to pay, if such justices think fit, a further sum of money not exceeding 5 penalty units, together with costs not exceeding $2.

(2)  *[Section 12 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*In default of such delivery of effects or repayment of such amount of money, or payment of such penalty and costs as aforesaid, such justices may order the said person so convicted to imprisonment for a term not exceeding 3 months.