Treatment of unincorporated bodies or associations
85C Treatment of unincorporated bodies or associations
This Act and the rules apply to an unincorporated body or 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 body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.
If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.
An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, 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).
A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, 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 Act’s bill:Explanatory memorandumSecond reading speech
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