§ 65 — Penalty for misuse of money or property of registered platform work association

65.—(1) Where, on complaint made by a member of a registered platform work association, it is shown to the satisfaction of a District Court or Magistrate’s Court that any officer or member of the registered platform work association —(a)

has in his or her possession or control any property of the registered platform work association except in accordance with the rules of the registered platform work association; or

(b)

has unlawfully expended or withheld any money of the registered platform work association,

the Court, if it considers the justice of the case so requires, is to order that officer or member to deliver that property or pay the money so unlawfully expended or withheld (as the case may be) to the trustees of the registered platform work association.

(2) A complaint made under subsection (1) in respect of any property or money of a registered platform work association is not to be entertained unless the District Court or Magistrate’s Court is satisfied that the complainant is, on the date of that complaint, a member of the registered platform work association.

(3) Any person bound by an order made under subsection (1) who fails to comply with the terms of and the directions given in that order within a time to be specified in that order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(4) An order made under subsection (1) does not affect or prevent a prosecution of, or civil proceedings against, any such officer or member.

—(1) Where, on complaint made by a member of a registered platform work association, it is shown to the satisfaction of a District Court or Magistrate’s Court that any officer or member of the registered platform work association —(a)

has in his or her possession or control any property of the registered platform work association except in accordance with the rules of the registered platform work association; or

(b)

has unlawfully expended or withheld any money of the registered platform work association,

the Court, if it considers the justice of the case so requires, is to order that officer or member to deliver that property or pay the money so unlawfully expended or withheld (as the case may be) to the trustees of the registered platform work association.

(2) A complaint made under subsection (1) in respect of any property or money of a registered platform work association is not to be entertained unless the District Court or Magistrate’s Court is satisfied that the complainant is, on the date of that complaint, a member of the registered platform work association.

(3) Any person bound by an order made under subsection (1) who fails to comply with the terms of and the directions given in that order within a time to be specified in that order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(4) An order made under subsection (1) does not affect or prevent a prosecution of, or civil proceedings against, any such officer or member.