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