398   Fraud or misappropriation

(cf Vic Act s 416)

(1)  A person who:

(a)  by false representation or imposition, obtains possession of any property of a co-operative, or

(b)  having any property of a co-operative in his or her possession, withholds or misapplies it or wilfully applies any part of it to purposes other than those authorised by the rules of the co-operative or by this Act,

      is guilty of an offence.

Maximum penalty: 60 penalty units.

(2)  A person who is guilty of such an offence must, if ordered to do so by the court that convicts the person, deliver up all such property and repay all money improperly applied.

Maximum penalty: 60 penalty units or imprisonment for 6 months, or both.

(3)  This section does not prevent any person from being proceeded against by way of indictment if the person has not been previously convicted of the same offence under this Act.