Charities Act 1994 · 2020 Revised Edition · Part 7 · Application of Property Cy-Près and Assistance and Supervision of Charities by Court and Commissioner
29. Persons acting in capacity from which disqualified
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Any person who acts in a capacity that the person is by reason of section 28 disqualified from acting in (called in this section a disqualified capacity) shall be guilty of an offence.
Any thing done by the person acting in a disqualified capacity is not invalid by reason only of the person’s disqualification.
Where the Commissioner is satisfied that any person —
Commissioner
“Commissioner” means the Commissioner of Charities appointed under section 3;
has acted in a disqualified capacity; and
has received any money by way of remuneration or for expenses, or any benefit in kind, for acting in that disqualified capacity,then, the Commissioner may by order direct the person to repay the whole or any part of the money, or benefit (at the monetary value determined by the Commissioner), received.
If the person to whom the order of the Commissioner under subsection (3) is given, without reasonable excuse, fails to comply with the order within the time specified in the order —
the person shall be guilty of an offence; and
any amount under the order that is not repaid accrues and is recoverable as a debt due from that person to the person who paid the amount, or provided the benefit represented by the amount, to the firstmentioned person.
A person who is guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.[28