Distribution of German Enemy Property Act 1949
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Change 1
2 Offences.
(1) If any person who— (a) is prohibited by or under an order in Council made under the preceding section from dealing with any German enemy property otherwise than with the consent of the administrator, or (b) is required by or under such an Order to transfer German enemy property to the administrator or otherwise to deal with that property in accordance with the directions of the administrator, contravenes or fails to comply with the prohibition or requirement, he shall be guilty of an offence under this section. (2) Any person who— (a) without reasonable excuse, fails to comply with any requirement made by or under any such Order to furnish information or to produce books or documents; or (b) in giving information for the purpose of any such Order knowingly or recklessly makes a statement which is false in a material particular; shall be guilty of an offence under this section. (3) any person who is guilty of an offence under this section shall be liable— (a) on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine; or (b) on conviction on indictment to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both such imprisonment and such fine. (4) Where any offence under this section has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. In this subsection the expression “director”, in relation to any body corporate established by or under any enactment for the pupose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.
2 Offences.
(1) If any person who— (a) is prohibited by or under an order in Council made under the preceding section from dealing with any German enemy property otherwise than with the consent of the administrator, or (b) is required by or under such an Order to transfer German enemy property to the administrator or otherwise to deal with that property in accordance with the directions of the administrator, contravenes or fails to comply with the prohibition or requirement, he shall be guilty of an offence under this section. (2) Any person who— (a) without reasonable excuse, fails to comply with any requirement made by or under any such Order to furnish information or to produce books or documents; or (b) in giving information for the purpose of any such Order knowingly or recklessly makes a statement which is false in a material particular; shall be guilty of an offence under this section. (3) any person who is guilty of an offence under this section shall be liable— (a) on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine; or (b) on conviction on indictment to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both such imprisonment and such fine. (4) Where any offence under this section has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. In this subsection the expression “director”, in relation to any body corporate established by or under any enactment for the pupose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.
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