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 180-15   OFFENCES - DEFENCES  
Illness

180-15(1)    
This section applies to a director if, because of illness or for some other good reason, it would have been unreasonable to expect the director to take part, and the director did not take part, in the management of the association or body at any time when:

(a)    the director was a director of the association or body; and

(b)    the offence was committed.

All reasonable steps

180-15(2)    
This section applies to a director if:

(a)    the director took all reasonable steps to ensure that the association or body did not commit the offence; or

(b)    there were no such steps that the director could have taken.

180-15(3)    
In determining what are reasonable steps for the purposes of subsection (2) , have regard to:

(a)    when, and for how long, the director was a director of the association or body; and

(b)    all other relevant circumstances.

 

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