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
(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
(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
(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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