Document ID: chunk:federal_register_of_legislation:C2025C00165:section:16ba:p3
Version: federal_register_of_legislation:C2025C00165
Segment Type: section
Provision Reference: s 16BA (pt 3/3)
Character Range: 226970–228047

see section 6.1 of the Criminal Code.

Defence if failure already notified
 (10) Subsections (8) and (9) do not apply to a person in relation to a failure to comply referred to in subsection (6) if:
 (a) a director or senior manager of the body corporate informs the person that the body corporate has informed APRA in writing of the failure; and
 (b) the person has no reason to disbelieve the director or senior manager.
Note: The defendant bears an evidential burden in relation to the matters in subsection (10). See subsection 13.3(3) of the Criminal Code.

Offence in relation to subsections (5) and (10)
 (11) A person commits an offence if:
 (a) the person is a director or senior manager of a body corporate referred to in subsection (1); and
 (b) the person knows that there are reasonable grounds for believing a thing referred to in subsection (2) or (6); and
 (c) the person informs an auditor of the body corporate that the body corporate has informed APRA in writing of the thing; and
 (d) the body corporate has not done so.
Penalty: Imprisonment for 12 months.