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

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170 SS. 522-524 CRIMINAL CODE<br />

It is a defence to a charge of any of the offences defined in this<br />

section to prove that the accused person had no intent to defraud.<br />

Decimal currency references substituted pursuant to section 7 of Decimal<br />

Currency <strong>Act</strong> of 1965.<br />

522. Falsification of Books by Insolven~, Any person who-<br />

(1 ) Being an insolvent-<br />

(a) Conceals, destroys, alters, mutilates, or falsifies, any book,<br />

document, valuable security, or account, relating to his<br />

property or affairs, or any entry in any such book, docu-<br />

ment, or account, or is privy to any such act; or<br />

(b) Makes or is privy to making any false entry in any such<br />

book, document, or account; or<br />

(2) Does or is privy to any such act as aforesaid, and within<br />

four months afterwards becomes an insolvent;<br />

is guilty of a misdemeanour, and is liable to imprisonment with hard<br />

labour for three years.<br />

It is a defence to a charge of any of the offences defined in this<br />

section to prove that the accused person had no intent to conceal the<br />

state of his affairs or to defraud.<br />

523. F r ~ by ~ ~ Insolvents s in CQU~S~ of Insolvency Procee<br />

person whose affairs are in course of administration under the provisions<br />

of the laws relating to insolvent debtors who-<br />

(1) Knowing or believing that a false debt has been proved by<br />

any person in the course of such administration, fails for the<br />

period of a month to give information thereof to the trustee<br />

of his property; or<br />

(2) Makes any false representation or commits any other fraud<br />

for the purpose of obtaining the consent of his creditors or<br />

any of them to any agreement with reference to his affairs<br />

or to any proceedings taken under or by virtue of such<br />

administration;<br />

is guilty of a misdemeanour, and is liable to imprisonment with hard<br />

labour for three years.<br />

524. Faure by Insolvents to Discover Property. Any person whose<br />

affairs are in course of administration under the provisions of the laws<br />

relating to insolvent debtors who-<br />

(1) Fails to fully and truly discover to the trustee of his property,<br />

to the best of his knowledge and belief, all his property, real<br />

and personal, and how, and to whom, and for what considera-<br />

tion, and when, he disposed of every part thereof, except<br />

such part as has been disposed of in the ordinary way of his<br />

trade, if any, or laid out in the ordinary expense of his<br />

family; or<br />

(2) Fails to deliver to the trustee, or as he directs, any part<br />

of his real and personal property which is in his custody or<br />

under his control, and which he is required by law to deliver;<br />

or<br />

(3) Fails to deliver to the trustee, or as he directs, any book,<br />

document, paper, or writing, which is in his custody or under<br />

his control, and which relates to his property or affairs; or

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