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 B is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Section 1229D is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
This section applies if: (a) a CCIV commits an offence against a law of the Commonwealth; and (b) the conduct constituting the offence was not engaged in by the CCIV solely as a result of an exercise of powers by:
(i) a liquidator or provisional liquidator of a sub-fund of the CCIV; or
(ii) a receiver, or receiver and manager, of the property of a sub-fund of the CCIV; or
(iii) a trustee or other person administering a compromise or arrangement made between the CCIV and someone else.
Corporate director taken to also commit the offence
1229D(2)
The person who was the corporate director of the CCIV at the time of the commission of the offence is taken to also commit the offence.
1229D(3)
To avoid doubt, despite subsection 13.3(3) of the Criminal Code , a person referred to in subsection (2) does not bear an evidential burden in relation to any matter in subsection (1) of this section.
CCIV not liable for any penalty
1229D(4)
The CCIV is not liable for any penalty in respect of the offence.
Infringement notices
1229D(5)
If, as a result of the operation of subsection (2) , an infringement notice (however described) may be given under a law of the Commonwealth to a person who was the corporate director of a CCIV for an alleged commission of an offence by the person: (a) the person may be given the infringement notice; and (b) the CCIV may not be given an infringement notice for the alleged commission of the offence.
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