(1) A director or
chief executive officer of a GTE must perform the functions of their office
—
(a) in
good faith in the best interests of the GTE; and
(b) for
a proper purpose.
(2) A person commits
an offence if they contravene subsection (1).
Penalty for this subsection: a fine of $5 000.
(3) A person commits a
crime if they contravene subsection (1) —
(a) with
intent to deceive or defraud the GTE, its creditors or creditors of any other
person; or
(b) for
any other fraudulent purpose.
Penalty for this subsection: imprisonment for 5
years and a fine of $20 000.
Summary conviction penalty for this subsection:
imprisonment for 3 years and a fine of $12 000.