New South Wales Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 1984 - SECT 70

70 Offences by officers etc

(1) Where an incorporated association contravenes, whether by act or omission, any provision of this Act or the regulations, the public officer of the association and each member of the committee of the association shall be deemed to have contravened the same provision unless that officer or member satisfies the court that:

(a) the association contravened the provision without his or her knowledge,

(b) he or she was not in a position to influence the conduct of the association in relation to its contravention of the provision, or

(c) he or she, being in such a position, used all due diligence to prevent the contravention of the provision by the association.

(2) An officer or a member of an incorporated association who aids, abets, counsels or procures or by act or omission is in any way directly or indirectly knowingly concerned in or party to the commission by the association of an offence against this Act or the regulations shall be deemed to have committed that offence and is punishable accordingly.

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

(4) Nothing in this section prejudices or affects any liability imposed by a provision of this Act or the regulations on an incorporated association by which an offence against that provision is actually committed.