Criminal liability of manager of unincorporated association
80 Criminal liability of manager of unincorporated association
(1) A manager of an unincorporated association commits an offence if:
(a) another manager of the association (the offender) commits an offence in the course of the activities of the association by contravening a declared provision (a relevant offence); and
(b) the manager was in a position to influence the conduct of the offender in relation to the contravention; and
(c) the manager failed to take reasonable steps to prevent the contravention.
Fault element: The manager was reckless about whether the contravention would happen.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
This section does not affect the liability of the offender.
(3) This section applies whether or not the offender is prosecuted for, or convicted of, the relevant offence, but does not apply if the offender would have a defence to a prosecution for the relevant offence.
In this section:
manager, of an unincorporated association, means a person who is concerned with, or takes part in, the management of the association.
This Act’s bill:Explanatory statementSecond reading speech
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