Commonwealth Consolidated Acts

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BUSINESS NAMES REGISTRATION ACT 2011 - SECT 83

Application of this Act to unincorporated associations and bodies

  (1)   An obligation that would otherwise be imposed on an unincorporated association or body under this Act or the Transitional Act is imposed on each member of the committee of management of the association or body, but may be discharged by any of the members of the committee.

  (2)   If this Act or the Transitional Act would otherwise require or permit something to be done by an unincorporated association or body, the thing may be done by one or more of the members of the committee of management of the association or body on behalf of the association or body.

  (3)   An offence against this Act or the Transitional Act that would otherwise be committed by the association or body is taken to have been committed by each member of the committee of management of the association or body.

  (4)   A member of the committee of management of the association or body does not commit an offence because of subsection   (3) if the member:

  (a)   does not know of the circumstances that constitute the contravention of the provision concerned; or

  (b)   knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (4): see subsection   13.3(3) of the Criminal Code .



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