Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p54
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 132694–135221

(8) is guilty of an offence.
Penalty: $1,000 or imprisonment for 3 months, or both.
"(15) If default is made in complying with sub-section (9), (10), (11) or (12) and an officer of the company is in default, the company and the officer are each guilty of an offence.
"(16) If a company fails to comply with sub-section (2) or (3) and an officer or officers of the company is or are in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the failure—
     (a) the company; and
     (b) that officer or each of those officers, as the case may be,
are jointly and severally liable to pay, to any person who suffers loss or damage as a result of the failure, damages in respect of that loss or damage.
"(17) A person who fails to comply with sub-section (7) or (8) is liable to pay, to any person who suffers loss or damage as a result of the failure, damages in respect of that loss or damage, unless it is proved that the failure was due to the inadvertence or mistake of the first-mentioned person.
"(18) If default is made in complying with sub-section (9), (10), (11) or (12) and an officer or officers of the company is or are in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the default—
     (a) the company; and
     (b) that officer or each of those officers, as the case may be,

are jointly and severally liable to pay, to any person who suffers loss or damage as a result of the default, damages in respect of that loss or damage.
"(19) A person—
     (a) is not guilty of an offence under sub-section (14); and
     (b) is not liable to pay damages under sub-section (17),
in respect of a failure to furnish to a company information that a sub-section (2) notice or sub-section (3) notice in relation to shares in the company required him to furnish to the company, if it is proved that—
     (c) at the time when the person received the notice, the information appeared on a register kept by the company pursuant to this section or section 143; or
     (d) the giving of the notice was for any reason frivolous or vexatious.
"(20) The reference in sub-section (3) to information received pursuant to a sub-section (2) notice or sub-section (3) notice includes a reference to information received pursuant to a notice given under sub-section (2) or (3) of the repealed section.
"(21) Notwithstanding the repeal of the repealed section, that section continues to have effect in relation to notices given under sub-section (2) or (3) of that