Aged Care Act 2024

This Act applies to an unincorporated association as if it were a person, but with the changes set out in this section.

An obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s governing body instead, but may be discharged by any of the members.

An offence against this Act that would otherwise have been committed by the unincorporated association is taken to have been committed by each member of the governing body of the association at the time the offence was committed, who:

did the relevant act or made the relevant omission; or

aided, abetted, counselled or procured the relevant act or omission; or

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 member).

This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.