Liability of trustees required to ensure thing occurs
338A Liability of trustees required to ensure thing occurs
A person who is a member of a group of individual trustees is not liable under any offence of strict liability or civil penalty provision of this Act or the regulations in respect of any contravention resulting from a failure by the person to ensure that a particular thing occurs if the person proves that he or she:
made all inquiries (if any) that were reasonable in the circumstances; and
after doing so, believed on reasonable grounds that his or her obligations were being complied with.
In a prosecution for an offence of strict liability against a provision of this Act or the regulations, a defendant bears a legal burden in relation to the matters in this section (see section 13.4 of the Criminal Code).
This provision refers to the regulations (the regulations
). Made under this Act:
- Superannuation Industry (Supervision) Regulations 1994 · under s 353
15 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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