Other (inc. Computer Offences) – VIC

Welcome to the VIC Inducement to be appointed liquidator etc. of company article page. Everything you need to know about Inducement to be appointed liquidator etc. of company according to VIC law.

What the Law States according to VIC Law for Inducement to be appointed liquidator etc. of company

According to VIC Law for the charge of Inducement to be appointed liquidator etc. of company,

Corporations Act 2001 – SECT 595
Inducement to be appointed liquidator etc. of company

(1) A person must not give, or agree or offer to give, to another person any valuable consideration with a view to securing the first-mentioned person’s own appointment or nomination, or to securing or preventing the appointment or nomination of a third person, as:

(a) a liquidator or provisional liquidator of a company; or

(b) an administrator of a company; or

(c) an administrator of a deed of company arrangement executed, or to be executed, by a company; or

(d) a receiver, or a receiver and manager, of property of a company; or

(e) a trustee or other person to administer a compromise or arrangement made between a company and any other person or persons.

(2) An offence based on subsection (1) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.

The Maximum Penalty – Inducement to be appointed liquidator etc. of company

According to VIC Law for the charge of Inducement to be appointed liquidator etc. of company, 10 penalty units, or imprisonment for 3 months.

What the Police must prove according to VIC Law for Inducement to be appointed liquidator etc. of company

1. The accused for the purpose of obtaining a position of liquidator, receiver, or administrator, or trustee
2. Did induce another person
3. In order to obtain that position or
4 To prevent a third person from attaining that position.

Possible Defences under VIC Law – Inducement to be appointed liquidator etc. of company

1. Honest and reasonable mistake
2. Factual dispute
3. Lack of intent

In VIC which court will hear the matter – Inducement to be appointed liquidator etc. of company

Magistrates’ Court

 

Date: 09/01/2009