Withholding or misapplying trade union effects

(1) If any officer, member, or other person, being or representing himself to be a member of a trade union registered under this Act, or the nominee, executor, administrator or assignee of a member thereof, or any person whatever, by false representation or imposition, obtains possession of any moneys, securities, books, papers or other effects of such trade union, or, having them in his possession, wilfully withholds or fraudulently misapplies them, or wilfully applies any part of them to purposes other than those expressed or directed in the rules of such trade union, or any part thereof, the court of summary jurisdiction for the place in which the registered office of the trade union is situate, upon a complaint made by any person on behalf of such trade union or by the Registrar, 13 may, by summary order, order such officer, member or other person to deliver up all such moneys, securities, books, papers or other effects to the trade union, or, to repay the amount of money applied improperly, and to pay, if the court thinks fit, a further sum of money not exceeding one hundred dollars together with costs not exceeding five dollars. (2) In default of such delivery of effects or repayment of such amount of money or payment of such penalty and costs, the court may order the person so convicted to be imprisoned, for any term not exceeding three months, Provided that, (a) nothing herein contained shall prevent the trade union from proceeding by information against the party aforesaid; and (b) no person shall be proceeded against by information if a conviction has been previously obtained for the same offence under this Act.