Document ID: chunk:federal_register_of_legislation:C2004A02846:body:0:p17
Version: federal_register_of_legislation:C2004A02846
Segment Type: other
Provision Reference: 
Character Range: 41101–43635

amended by omitting sub-section (1) and substituting the following sub-section:
"(1) Where a body corporate is guilty of an offence against sub-section 21 (2), section 22, sub-section 31 (3f) or 37 (6), section 40, 44 or 48, sub-section 51 (5), 62 (9) or (10), 105 (15), 109 (3) or 113 (3), a director, officer or auditor of the body corporate who is in any way, by act or omission, directly or

indirectly, knowingly concerned in or party to the offence, shall be deemed to be also guilty of that offence and is punishable on conviction—
     (a) in the case of an offence against sub-section 21 (2), 31 (3f), 62 (9) or 109 (3)—by a fine not exceeding $2,000; or
     (b) in the case of an offence against section 22, sub-section 37 (6), section 40, 44 or 48, sub-section 51 (5), 62 (10), 105 (15) or 113 (3)—by a fine not exceeding $4,000.".
39. After section 129 of the Principal Act the following sections are inserted:

Joinder of charges and penalties for certain offences
"129a. (1) Charges against the same person for any number of offences against sub-section 21 (1), (2) or (3), 31 (3f), 62 (9), 106 (2) or 109 (3) may be joined in the same information or complaint if those offences relate to doing or failing to do the same act or thing.
"(2) If a person is convicted of 2 or more offences referred to in sub-section (1), being offences related to doing or failing to do the same act or thing, the court may impose one penalty in respect of both or all of those offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.

Continuing offences
"129b. Where, by or under a provision of this Act, an act or thing is required to be done within a particular period or before a particular time, the obligation to do that act or thing continues, notwithstanding that that period has expired or that time has passed, until that act or thing is done.".

Schedule
40. The Schedule to the Principal Act is amended by omitting from sub-paragraph 3 (6) "the prescribed form" and substituting "a form approved by the Treasurer by writing signed by him".

Amendments relating to accounts and accounting records
41. The Principal Act is amended as set out in Schedule 1.

Amendments relating to penalties
42. The Principal Act is amended as set out in Schedule 2.

Formal amendments
43. The Principal Act is amended as set out in Schedule 3.

Application of certain amendments
44. (1) An amendment made by paragraph 3 (e), section 15,