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COMMONWEALTHAct
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s 36C

Treatment of unincorporated associations

In force
Part 7Miscellaneous
Division 2Employees, contractors, subcontractors, partnerships, providers of electronic services, unincorporated associations and trusts

36C Treatment of unincorporated associations

(1)

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

(2)

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

(3)

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 association’s committee of management, at the time the offence was committed, who:

(a)

did the relevant act or made the relevant omission; or

(b)

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

(c)

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).

(4)

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.

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