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False statements by company directors
False statements by company directors
What the Law states - False statements by company directors
Crimes Act 1958 - SECT 85
False statements by company directors etc.85. False statements by company directors etc.
(1) Where an officer of a body corporate or unincorporated association (or person purporting to act as such), with intent to deceive members or creditors of the body corporate or association about its affairs, publishes or concurs in publishing a written statement or account which to his knowledge is or may be misleading, false or deceptive in a material particular, he is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(2) For purposes of this section a person who has entered into a security for the benefit of a body corporate or association is to be treated as a creditor of it.
(3) Where the affairs of a body corporate or association are managed by its members, this section shall apply to any statement which a member publishes or concurs in publishing in connexion with his functions of management as if he were an officer of the body corporate or association.
Maximum Penalty in Victoria
10 years
What the Prosecution must prove - False statements by company directors - Vic
1. An officer of body corporate or unincorporated association (the 'association') intentionally deceives members or creditor ;
2. About the body corporate or unincorporated associaton's affairs.
3. Or the officer intentionally and knowingly publishes a misleading written statement or account
Possible Defences - False statements by company directors
Whether requisite dishonest 'intent' is established
Factual dispute
Which court will hear the charge of False statements by company directors
Magistrates Court with consent of defence and prosecution, otherwise County Court
