Other (inc. Computer Offences) – VIC

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

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

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

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

The guarantor commits an offence if it intentionally or recklessly contravenes paragraph 283CB(b) or section 283CC.

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

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

The guarantor intentionally or recklessly breached its duty to
– conduct its business in a proper and efficient manner;
– make all of its financial and other records available for inspection; or
– inform the trustee about any charge.

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

1. Factual dispute
2. No intent

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

Magistrates’ Court

 

Date: 09/01/2009