The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

13 6 SS. 437-439 CRIMINAL CODE
it- person who-
(1) Being a director or oBticer of a corporation or company,
receives or possesses himself as such of any of the property
of the corporation or company otherwise than irl payment of
a just debt or demand, and, with intent to deEraud, omits
either to make a full and true entry thereof in the books and
accounts of the corporation or company, or to cause or direct
such an entry to be made therein; or
(2) Being a director, officer, or member, of a corporation or
co~npany~ does any of the following acts with intent to
defraud, that is to say,-
(a> Destroys, alters, mutilates, or falsifies, any book, document,
valuable security, or account, which belongs to the corporation
or company, or any entry in any such book,
document, or account, or is privy to any such act; or
(b) Makes or is privy to making any false entry in any such
book, document, or account; or
(c) kits or is privy to omitting any material particular €rom
any such book, document, or account;
is guilty of a crime, and is liable to imprisonment with hard labour for
ten years, with or without solitary confinement.
The offender cannot be arrested without warrant.
As amended by Act of 1975, No. 27, s. 41 Sch.
anies, Any person who, being
a promoter, director, officer, or auditor of a corporation or company,
either existing or intended to be formed, makes, circulates, or publishes,
OF concurs in making, circulating, or publishing, any written statement
OF account which, in any material particular, is to his knowledge false,
with intent thereby to effect any of the purposes following, that is to say,-
(a) To receive or defraud any member, shareholder, or creditor,
of the corporation or company, whether a particular person
or not;
(b) To induce any person, whether a particular person or not,
to become a member of, or to intrust or advance any property
to, the corporation or company, or to enter into any security
for the benefit thereof;
is guilty of a crime, and is liable to imprisonment with hard labour for
tea years, with or without solitary c ~n~e~ent.
The ofender cannot be arrested without warrant.
As amended by Act of 1975, No. 27, s. 41 Sch.
efemce. It is a defence to a charge of any of the offences hereinin
this Chapter defined to prove that the accused person, before
being charged with the offence, and in consequence of the compulsory
process of a court of justice in an action or proceeding instituted in good
faith by a party aggrieved, or in a compulsory examination or deposition
before a court of justice, disclosed on oath the act alleged to constitut~
the offence.
A person is not entitled to refuse to answer any question or intergato~
in any civil proceeding in any court, on the ground that his
oing so might tend to show that he had committed any such offence,