Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 1229A

Part   2.5 of Criminal Code does not apply

  (1)   Part   2.5 of the Criminal Code does not apply in determining whether a body corporate that is a CCIV has committed an offence.

Note:   Section   1229B applies instead.

Other rules for corporate contraventions do not apply

  (2)   A provision of a law of the Commonwealth (other than this Subdivision) does not apply in relation to a CCIV to the extent the provision would, apart from this subsection:

  (a)   treat conduct (however described) engaged in by a person other than a CCIV as having been engaged in by the CCIV; or

  (b)   treat conduct (however described) engaged in by a person in relation to another person other than a CCIV as having been engaged in by the person in relation to the CCIV; or

  (c)   treat a state of mind (however described) held by a person other than a CCIV as being sufficient to show that the CCIV had the state of mind; or

  (d)   require an element of:

  (i)   an offence; or

  (ii)   a provision in relation to a contravention of which a civil penalty may be imposed;

    done by a person other than a CCIV to be attributed to the CCIV.

Note 1:   Section   1229B applies instead.

Note 2:   For paragraph   (a), an example is subsection   769B(1).

Note 3:   For paragraph   (b), an example is subsection   769B(2).

Note 4:   For paragraph   (c), an example is subsection   769B(3).

Note 5:   For paragraph   (d), an example is section   1317QE.