Corporations Act 2001
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.3 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (CCIV Auditors) Instrument 2024/668.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 8B.3, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH Note: Division 7 is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Subdivision A is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Section 1229A is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
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 .
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