Document ID: chunk:federal_register_of_legislation:C2011C00065:clause:1_104
Version: federal_register_of_legislation:C2011C00065
Segment Type: clause
Provision Reference: sch 1 cl 104
Character Range: 14214–15068

104  Body corporate managers taken to have committed offences

 (1) An offence against this Part that is committed by a body corporate is also taken to have been committed by:
 (a) each body corporate manager; and
 (b) any State/Territory body corporate manager for the State or Territory in which the offence is committed.

 (2) A body corporate manager or State/Territory body corporate manager does not commit an offence because of subsection (1) if he or she:
 (a) does not know of the circumstances that constitute the offence; or
 (b) knows of those circumstances but takes all reasonable steps to prevent the commission of the offence as soon as possible after he or she becomes aware of those circumstances.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2)—see subsection 13.3(3) of the Criminal Code.