TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 31 Offences by partnerships and unincorporated bodies

Commonwealth Consolidated Acts

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TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 31

Offences by partnerships and unincorporated bodies

(1): If a partnership that is a regulated corporation commits an offence against this Act, that offence is taken to have been committed by each of the partners.
(2): If an unincorporated body that is a regulated corporation commits an offence against this Act, that offence is taken to have been committed by the controlling officer or controlling officers of the body.
(3): In a prosecution for an offence a partner or controlling officer is so taken to have committed, it is a defence if the partner or controlling officer:

(a) did not aid, abet, counsel or procure the act or omission constituting the offence; and
(b) was not in any way (whether directly or indirectly or by act or omission) knowingly concerned in, or party to, the act or omission constituting the offence.

Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code .

(4): In this section:

"controlling officer", in relation to an unincorporated body, means a person who has authority to determine, or who has control over:

(a) the general conduct of the affairs of the body; or
(b) the conduct of that part of the affairs of the body in relation to which the act or omission constituting the offence occurred.

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