Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 594A

Presence in court and plea where accused person is a corporation

594A Presence in court and plea where accused person is a corporation

(1) Where an indictment is presented against a corporation in respect of an indictable offence, the corporation may be present in court by its representative and it may, on arraignment, enter a plea in writing by its representative.
(1A) Any plea so entered by the representative shall for all purposes be taken to be a plea entered by the corporation.
(2) If the corporation is not present in court by its representative or if, though it is so present, it does not enter a plea in writing by its representative, the court shall order a plea of not guilty to be entered on behalf of the corporation.
(2A) A plea so entered has the same effect as if it had been actually pleaded, and the trial of the corporation may proceed accordingly.
(3) In respect of a trial, any requirement by law that anything shall be done in the presence of the accused person or shall be read or said to or asked of the accused person shall, in the case of a corporation present in court by its representative, be construed as a requirement that that thing shall be done in the presence of the representative or read or said to or asked of the representative.
(3A) If the corporation is not present in court by its representative, it shall not be necessary for the thing to be done or read or said or asked.
(4) Where, in respect of a trial, anything is required to be done or said by the accused person personally, it may, in the case of a corporation present in court by its representative, be done or said by the representative, and anything so done or said shall for all purposes be taken to be done or said by the corporation.
(4A) Nothing contained in subsection (4) limits the provisions of subsection (1) or (1A) or the provisions of section 616 .
(5) In this section—

"representative" means a person appointed by the corporation to represent it for the purposes of this section; but a person so appointed is not, by virtue only of being so appointed, qualified to act on behalf of the corporation before the court for any other purpose.
(6) A representative need not be appointed under the seal of the corporation; and a statement in writing purporting to be signed by a managing director of the corporation or by any other person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section shall be admissible without further proof as prima facie evidence that that person has been so appointed.



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