Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 245AP

Treatment of unincorporated associations

             (1)  This Subdivision, and any other provision of this Act to the extent that it relates to this Subdivision, apply to an unincorporated association as if it were a person, but with the changes set out in this section.

             (2)  An offence against this Subdivision that would otherwise be committed by an unincorporated association is taken to have been committed by each member of the association's committee of management, at the time the offence is committed, who:

                     (a)  did the relevant act; or

                     (b)  aided, abetted, counselled or procured the relevant act; or

                     (c)  was in any way knowingly concerned in, or party to, the relevant act (whether directly or indirectly or whether by any act of the member).

             (3)  A civil penalty provision in this Subdivision that would otherwise be contravened by an unincorporated association is taken to have been contravened by each member of the association's committee of management, at the time of the conduct constituting the contravention, who:

                     (a)  engaged in the conduct; or

                     (b)  aided, abetted, counselled or procured the conduct; or

                     (c)  was in any way knowingly concerned in, or party to, the conduct (whether directly or indirectly or whether by any act of the member).



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