Business Names Registration Act 2011
PART 10
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GENERAL
SECTION 85
APPLICATION OF THIS ACT TO A TRUST WITH 2 OR MORE TRUSTEES
85(1)
This section applies where a trust has 2 or more trustees.
85(2)
An obligation that would otherwise be imposed on the trust by this Act or the Transitional Act is imposed on each trustee instead, but may be discharged by any of the trustees.
85(3)
If this Act or the Transitional Act would otherwise require or permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust.
85(4)
An offence against this Act or the Transitional Act that would otherwise be committed by the trust is taken to have been committed by each trustee.
85(5)
A trustee does not commit an offence because of subsection (4) if the trustee: (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 trustee becomes aware of those circumstances.
This section applies where a trust has 2 or more trustees.
85(2)
An obligation that would otherwise be imposed on the trust by this Act or the Transitional Act is imposed on each trustee instead, but may be discharged by any of the trustees.
85(3)
If this Act or the Transitional Act would otherwise require or permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust.
85(4)
An offence against this Act or the Transitional Act that would otherwise be committed by the trust is taken to have been committed by each trustee.
85(5)
A trustee does not commit an offence because of subsection (4) if the trustee: (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 trustee becomes aware of those circumstances.
Note:
A defendant bears an evidential burden in relation to the matters in subsection (5) : see subsection 13.3(3) of the Criminal Code .
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