Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 7 - MISCELLANEOUS  

PART 7-4 - APPLICATION OF THIS ACT TO ENTITIES  

Division 180 - Obligations, liabilities and offences  

Subdivision 180-B - Unincorporated associations and bodies of persons  

SECTION 180-10   OFFENCES  

180-10(1)    
An offence against this Act committed by a company that is an unincorporated association or body of persons is taken to have been committed by each individual who was a director of the body or association at the time the body or association committed the offence.

180-10(2)    
Despite subsection (1) , the offence is taken to have been committed by a director under that subsection only if the director:

(a)    aided, abetted, counselled or procured the relevant act or omission; or

(b)    was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the director).

180-10(3)    
Subsection (1) does not apply in respect of a director if section 180-15 applies to the director.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code ).