Victorian Current Acts

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ASSOCIATIONS INCORPORATION REFORM ACT 2012 - SECT 208

False and misleading statements

    (1)     A person must not, in a document referred to in subsection (6), make or authorise the making of a statement that the person knows is false or misleading in a material particular.

Penalty:     60 penalty units.

    (2)     A person must not, from a document referred to in subsection (6), omit or authorise the omission of anything knowing that the omission makes the document false or misleading in a material respect.

Penalty:     60 penalty units.

    (3)     A person must not, in a document referred to in subsection (6), make or authorise the making of a statement that is false or misleading in a material particular without having taken reasonable steps to ensure that the statement was not false or misleading in a material particular.

Penalty:     30 penalty units.

    (4)     A person must not, from a document referred to in subsection (6), omit or authorise the omission of anything without which the document would be misleading, without having taken reasonable steps to ensure that the document did not omit anything without which the document would be misleading.

Penalty:     30 penalty units.

    (5)     For the purposes of this section, a person is taken to have authorised the making of a statement in, or the omission of a thing from, a document if at a meeting, a person votes in favour of a resolution approving, or otherwise approves, the document.

    (6)     This section applies in relation to a document that is—

        (a)     required by or for the purposes of this Act; or

        (b)     lodged with, or submitted to, the Registrar; or

        (c)     a declaration made under this Act; or

        (d)     submitted to a general meeting of members of an incorporated association.



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