Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 12 · General Provisions Applicable to Parts 4 to 11
266. General penalty provisions
Feedback & supportA person who —
does that which under Parts 4 to 11 the person is forbidden to do;
does not do that which under Parts 4 to 11 the person is required or directed to do; or
otherwise contravenes or fails to comply with any provision of Parts 4 to 11,shall be guilty of an offence.
A person who is guilty of an offence under subsection (1) or Parts 4 to 11 shall be liable on conviction to a penalty or punishment not exceeding the penalty or punishment expressly mentioned as the penalty or punishment for the offence, or if a penalty or punishment is not so mentioned, to a fine not exceeding $1,000.
Every summons issued for an offence committed by an officer of a company or other person under subsection (1) or Parts 4 to 11 or any regulations may, despite anything in this Act, be served —
officer
“officer”, in relation to a corporation, includes —(a)a director or secretary of the corporation, or a person employed in an executive capacity by the corporation;(b)a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and(c)a liquidator of a company appointed in a voluntary winding up,but does not include —(d)a receiver who is not also a manager;(e)a receiver and manager appointed by the Court;(f)a liquidator appointed by the Court or by the creditors; or(g)a judicial manager appointed under Part 7;
by delivering it to him or her;
by delivering it to any adult person residing at his or her last known place of residence or employed at his or her last known place of business; or
by forwarding it by registered post in a cover addressed to him or her at his or her last known place of residence or business or at any address furnished by him or her.
In proving service by registered post, it is sufficient to prove that the registered cover containing the summons was duly addressed and posted.
registered
“registered”, in relation to a corporation, means registered under the Companies Act 1967 or any corresponding previous enactment;