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Offences for Failure to Comply With Statutory Duties

Other (inc. Computer Offences) – VIC

Welcome to the VIC Offences for failure to comply with statutory duties article page. Everything you need to know about Offences for failure to comply with statutory duties according to VIC law.

What the Law States according to VIC Law for Offences for failure to comply with statutory duties

According to VIC Law for the charge of Offences for failure to comply with statutory duties,

Corporations Act 2001 – SECT 283BI
Offences for failure to comply with statutory duties

The borrower commits an offence if it intentionally or recklessly contravenes section 283BB, 283BC, 283BD, 283BE, 283BF, or 283EA.

The Maximum Penalty – Offences for failure to comply with statutory duties

According to VIC Law for the charge of Offences for failure to comply with statutory duties, 25 penalty units or 6 months imprisonment or both.

What the Police must prove according to VIC Law for Offences for failure to comply with statutory duties

1. The borrower intentionally or recklessly breached one of the following duties:
– to conduct its business in a proper and efficient manner;
– to provide a copy of the trust deed upon request;
– to make its records available for inspection;
– to give notice to ASIC of the appointed trustee;
– to take reasonable replace the trustee where necessary;
– to inform the trustee about any charge;
– to give the trustee and ASIC quarterly reports.

Possible Defences under VIC Law – Offences for failure to comply with statutory duties

1. Factual dispute
2. No intent

In VIC which court will hear the matter – Offences for failure to comply with statutory duties

Magistrates’ Court

 

Date: 09/01/2009

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