Document ID: chunk:federal_register_of_legislation:C2008A00094:clause:1_46w
Version: federal_register_of_legislation:C2008A00094
Segment Type: clause
Provision Reference: sch 1 cl 46W
Character Range: 25221–26322

46W  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 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 be committed by the association is taken to have been committed by each member of the association's committee of management.

 (4) A member of the association's committee of management does not commit an offence because of subsection (3) if the member:
 (a) does not know of the circumstances that constitute the contravention of the provision concerned; or
 (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.