Document ID: chunk:federal_register_of_legislation:C2004A03877:section:21:p2
Version: federal_register_of_legislation:C2004A03877
Segment Type: section
Provision Reference: s 21 (pt 2/5)
Character Range: 46076–48939

a body corporate is convicted of an offence; and
    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment for that offence.
"(6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:
    (a) the knowledge, intention, opinion, belief or purpose of the person; and
    (b) the person's reasons for the intention, opinion, belief or purpose.
"(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.
"(8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.".

Section 70:
Add at the end the following subsection:
"(5) For the purposes of this section:
    (a) an offence against section 6, 7 or 7a of the Crimes Act 1914; or
    (b) an offence against subsection 86 (1) of that Act by virtue of paragraph (a) of that subsection;
in relation to a provision of this Act or of the regulations shall be treated as if it were an offence against that provision of this Act or of the regulations.".

SCHEDULE 2—continued

Section 71:
Omit "prescribing penalties which, except as otherwise provided by this Act, shall not exceed Two hundred dollars for any offence against the regulations", substitute "prescribing penalties for offences against the regulations which, except as otherwise provided by this Act, shall not exceed:
    (a) if the offender is a natural person—a fine of $5,000; or
    (b) if the offender is a body corporate—a fine of $25,000.".

                   SCHEDULE 3 Section 26

FORMAL AMENDMENTS OF THE BANKING ACT 1959

Subsection 6a (1):
Omit "of this section".

Subsection 6a (2):
Omit "—1973".

Section 8:
Omit "the next succeeding section", substitute "section 9".

Subsection 10 (2):
Omit "the last preceding subsection", substitute "subsection (1)".

Subsection 10 (3):
Omit "three", substitute "3".

Subsection 13 (2):
Omit "the last preceding subsection", substitute "subsection (1)".

Subsection 14 (3):
Omit "in pursuance of the last preceding section, or in pursuance of the last preceding subsection", substitute "under section 13 or subsection (2) of this section".

Subsection 14 (5):
Omit "the next succeeding subsection", substitute "subsection (6)".

Subsection 33 (1):
Omit "twenty-one", substitute "21".

Subsection 33 (2):
Omit "the last preceding subsection", substitute "subsection (1)".

SCHEDULE 3—continued

Subsection 33 (4):
Omit "seven", substitute "7".

Section 34:
Omit "the last preceding section", substitute "section 33".

Subsection 36 (2):
Omit "the last preceding subsection", substitute "subsection (1)".

Subsection 39 (1):