Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This Chapter, and the rest of the social security law so far as it relates to this Chapter, apply to an unincorporated body or association (the body ) as if it were a person other than an individual, but they apply with the following changes.
Acts of certain persons treated as acts of the body
(2) One change is that anything done or omitted by or in relation to:
(a) if the body is a partnership--a partner; or
(b) in any other case--a member of the committee of management of the body;
on behalf of the body is taken to have been done or omitted by the body.
Imposition of obligations and liabilities
(3) Another change is that obligations, or liabilities under section 1061ZZGG, that would be imposed on the body are imposed instead on:
(a) if the body is a partnership--each partner; or
(b) in any other case--each member of the committee of management of the body;
but they may be discharged by any of the partners or any of those members.
The body cannot commit an offence
(4) Another change is that if, apart from this subsection, the body would commit an offence, the body does not commit the offence.
Example: Subsection (1) applies section 217 of the Social Security (Administration) Act 1999 to the body as if it were a person. That section provides that a person who contravenes certain provisions of that Act about false or misleading statements commits an offence. The body does not commit an offence if it contravenes those provisions by making a false or misleading statement.
Limit on scope of changes
(5) Subsections (2) and (3) do not affect:
(a) whether, for the purposes of section 1061ZZGB (about giving an assurance of support), the requirements specified in a determination under section 1061ZZGH are met in relation to the body; or
(b) whether, for the purposes of paragraph 1061ZZGD(2)(a) (about accepting an assurance of support), the requirements specified in a determination under section 1061ZZGH are met in relation to the body.
Note: Whether the body may give an assurance of support and whether such an assurance may be accepted depend on whether the requirements specified in relation to the body are met, rather than whether requirements relating to a person who is a partner or member of the body's management committee are met in relation to that partner or member.
(6) A determination under section 1061ZZGH (applying in accordance with this section) may specify, for the purposes of section 1061ZZGB or paragraph 1061ZZGD(2)(a) (as so applying in relation to the body), a requirement that relates to:
(a) one or more of the partners, if the body is a partnership; or
(b) some or all of the members of the body or of its committee of management, if the body is not a partnership.
This subsection does not limit the requirements relating to the body that may be specified.