Superannuation Industry (Supervision) Act 1993

PART 16 - ACTUARIES AND AUDITORS OF SUPERANNUATION ENTITIES  

Division 5 - Special provisions relating to firms and companies  

SECTION 131CC   OFFENCES BY MEMBERS OF A FIRM  

131CC(1)    
Section 131BA and subsection 131B(2A) apply to a firm as if it were a person, but with the changes set out in this section.

131CC(2)    
An offence based on section 131BA or subsection 131B(2A) that would otherwise be committed by the firm is taken to have been committed by each member of the firm.

131CC(3)    
A member of the firm does not commit an offence because of subsection (2) if the member:

(a)    does not know of the circumstances that constitute the contravention of the provision concerned; or

(b)    knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.

Note:

A defendant bears an evidential burden in relation to the matters in subsection (3) - see subsection 13.3(3) of the Criminal Code .