Corporations Act 2001

CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES  

PART 8B.3 - CORPORATE GOVERNANCE OF CCIVs  

Division 7 - Corporate contraventions  

Subdivision A - General provisions relating to establishing civil and criminal liability under Commonwealth laws  

SECTION 1229A   OTHER RULES FOR CORPORATE CONTRAVENTIONS DO NOT APPLY  

Part 2.5 of Criminal Code does not apply

1229A(1)    
Part 2.5 of the Criminal Code does not apply in determining whether a body corporate that is a CCIV has committed an offence.

Note: Section 1229B applies instead.

Other rules for corporate contraventions do not apply

1229A(2)    
A provision of a law of the Commonwealth (other than this Subdivision) does not apply in relation to a CCIV to the extent the provision would, apart from this subsection:

(a)    treat conduct (however described) engaged in by a person other than a CCIV as having been engaged in by the CCIV; or

(b)    treat conduct (however described) engaged in by a person in relation to another person other than a CCIV as having been engaged in by the person in relation to the CCIV; or

(c)    treat a state of mind (however described) held by a person other than a CCIV as being sufficient to show that the CCIV had the state of mind; or

(d)    require an element of:

(i) an offence; or

(ii) a provision in relation to a contravention of which a civil penalty may be imposed;

done by a person other than a CCIV to be attributed to the CCIV.

Note 1: Section 1229B applies instead.

Note 2: For paragraph (a) , an example is subsection 769B(1) .

Note 3: For paragraph (b) , an example is subsection 769B(2) .

Note 4: For paragraph (c) , an example is subsection 769B(3) .

Note 5: For paragraph (d) , an example is section 1317QE .