Document ID: chunk:federal_register_of_legislation:C2025C00185:section:590:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 590 (pt 2/3)
Character Range: 2091156–2093807

affairs of the company or to the winding up;
contravenes this subsection.
 (2) Absolute liability applies to so much of an offence based on paragraph (1)(c), (g) or (h) as requires that an event occur within 10 years next before the relevant day or at a time on or after that day.
Note: For absolute liability, see section 6.2 of the Criminal Code.
 (3) Paragraph (1)(a) does not apply to the extent that the person is not capable of disclosing the information referred to in that paragraph.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3), see subsection 13.3(3) of the Criminal Code.
 (4) A person who, being a past or present officer or employee of a company to which this section applies, does not deliver up to, or in accordance with the directions of, the appropriate officer:
 (a) all the property of the company in the person's possession; or
 (b) all books in the person's possession belonging to the company (except books of which the person is entitled, as against the company and the appropriate officer, to retain possession);
contravenes this subsection.
 (4A) A person who, being a past or present officer or employee of a company and knowing or believing that a false debt has been proved by a person, fails for a period of one month to inform the appropriate officer of his or her knowledge or belief contravenes this subsection.
 (4B) A person must not intentionally or recklessly fail to comply with subsection (4) or (4A).
 (5) Where a person pawns, pledges or disposes of any property in circumstances that amount to a contravention by virtue of subparagraph (1)(c)(v), a person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged or disposed of in those circumstances contravenes this subsection.
 (6) A person who takes in pawn or pledge or otherwise receives property in circumstances mentioned in subsection (5) and with the knowledge mentioned in that subsection is taken to hold the property as trustee for the company concerned and is liable to account to the company for the property.
 (7) Where, in proceedings under subsection (6), it is necessary to establish that a person has taken property in pawn or pledge, or otherwise received property:
 (a) in circumstances mentioned in subsection (5); and
 (b) with the knowledge mentioned in that subsection;
the matter referred to in paragraph (b) of this subsection may be established on the balance of probabilities.

Meaning of relevant day
 (8) In this section:
relevant day means the day on which:
 (a) in relation to a company that has been wound up, has been in the course of being