Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:2_10ki
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 2 cl 10KI
Character Range: 86717–88948

10KI  Compliance by entities that are not legal persons
 (1) This section applies if an entity that is not a legal person is accredited as a CCS business.
 (2) Each of the following persons is an accountable person for the entity, in relation to a requirement imposed on the entity at a time by the Accreditation Rules:
 (a) if the entity is a partnership—each of the following:
 (i) each partner in the partnership at the time;
 (ii) if a partner is a body corporate—each director of the partner at the time;
 (iii) a person prescribed by the Accreditation Rules;
 (b) if the entity is a trust—each of the following:
 (i) the trustee, or each trustee, of the trust, at the time;
 (ii) if a trustee is a body corporate—each director of the trustee at the time;
 (iii) a person prescribed by the Accreditation Rules;
 (c) if the entity is any other kind of entity—each person prescribed by the Accreditation Rules for that kind of entity.
 (3) Any requirement that the Accreditation Rules impose on the entity to do a thing (including a requirement imposed by way of a civil penalty provision) is taken instead to be imposed on each accountable person for the entity, but may be discharged by any one of them.
 (4) Any requirement that the Accreditation Rules impose on the entity not to do a thing (including a requirement imposed by way of a civil penalty provision) is taken instead to be imposed on each accountable person for the entity.
 (5) However, an accountable person is not liable to a civil penalty for contravening a requirement taken to be imposed on the person because of subsection (3) or (4) unless at least one of the following applies:
 (a) complying with the requirement is within the actual or apparent scope of the person's duties in relation to the entity;
 (b) the person's duties involve controlling, directing or organising (whether alone or jointly with other persons) the provision of children's contact services in the entity's name;
 (c) the person aided, abetted, counselled or procured the act or omission concerned;
 (d) the person was in any way knowingly concerned in, or party to, the act or omission concerned (whether directly or indirectly and whether by any act or omission of the person).