Clause 31

Where a person has been persistently in default in relation to relevant requirements of this Act and that person, within a period of five years after he has last been adjudged guilty of any offence or has had made against him an order under section 12 or 362 in relation to any such relevant requirements of this Act, without the leave of the Court, is a director or promoter of, or is in any way directly or indirectly concerned or takes part in the management of a company, he shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding ten thousand dollars or to both such imprisonment and fine.(2) Any provision of this Act which requires any return, account or other document to be filed with, delivered or sent, or notice of any matter to be given, to the Registrar is a relevant requirement of this Act for the purposes of this section.(3) For the purposes of this section, the fact that a person has been persistently in default in relation to relevant requirements of this Act may, subject to subsection (6) (and without prejudice to its proof in any other manner), be conclusively proved by showing that he has been adjudged guilty of three or more offences in relation to any such requirements or has had an order made against him under section 12 or 362 in relation to those requirements.(4) A person shall be treated as being adjudged guilty of three or more offences in relation to any such relevant requirements of this Act for the purpose of subsection (3) if he is convicted of any three or more offences by virtue of any contravention of, or failure to comply with, any such requirements (whether on his own part or on the part of any company).(5) For the purpose of this section, a certificate of the Registrar stating that a person has been adjudged guilty of three or more offences or has had made against him an order under section 12 or 362 in relation to the requirements of this Act shall in all courts be received as prima facie evidence of the facts stated therein.(6) No account shall be taken for the purposes of this section of any offence which was committed or, in the case of a continuing offence, began before the date on which this section comes into operation.(7) A person intending to apply for leave of the Court under this section shall give to the Minister not less than fourteen days’ notice of his intention so to apply.(8) On the hearing of any application under this section, the Minister may be represented and may oppose the granting of the application.(9) In this section, company includes an unregistered company within the meaning of subsection (1) of section 314.”.