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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.7

Offences by a body corporate etc.

S. 5.8.7(1) amended by No. 71/2010 s. 47(2)(3).

    (1)     If a body corporate contravenes any provision of this Act, each officer (within the meaning of section 9 of the Corporations Act) of the body corporate is deemed to have contravened the same provision if that person knowingly authorised or permitted the contravention.

S. 5.8.7(2) amended by No. 71/2010 s. 47(2).

    (2)     A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the body corporate has been proceeded against or convicted under that provision.

S. 5.8.7(3) amended by No. 71/2010 s. 47(2).

    (3)     Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act.

    (4)     If a provision of this Act is contravened in respect of an unincorporated body of persons—

        (a)     the person who is the principal executive officer (however described) of the body at the time of the contravention is deemed to have contravened the same provision at that time if that person knowingly authorised or permitted the contravention; and

        (b)     if there was a governing body of the unincorporated body at the time of the contravention, each person who is a member of the governing body of that unincorporated body at that time is also deemed to have contravened the provision at that time if that person knowingly authorised or permitted the contravention.

S. 5.8.7A inserted by No. 71/2010 s. 48.



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