Document ID: chunk:federal_register_of_legislation:C2020A00138:clause:1_105b
Version: federal_register_of_legislation:C2020A00138
Segment Type: clause
Provision Reference: sch 1 cl 105B
Character Range: 24286–25585

105B  Treatment of trusts
 (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.
 (2) If the trust has a single trustee:
 (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and
 (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.
 (3) If the trust has 2 or more trustees:
 (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and
 (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:
 (i) did the relevant act or made the relevant omission; or
 (ii) aided, abetted, counselled or procured the relevant act or omission; or
 (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).
 (4) A reference in this section to this Act includes a reference to the rules.