MINING MANAGEMENT ACT 2001 - SECT 77 Offence – managers of unincorporated associations taken to have committed offence of other manager
MINING MANAGEMENT ACT 2001 - SECT 77
Offence – managers of unincorporated associations taken to have committed offence of other manager(1) If a person (the offender ) who is concerned with, or takes part in, the management of an unincorporated association commits an offence against a provision of this Act in the course of the activities of the association, each other person who is concerned with, or takes part in, the management of the unincorporated association is:
(a) taken to have committed the offence; and
(b) liable to the same penalty for the offence as an individual.
(2) Subsection (1) does not apply if:
(a) the other person was not in a position to influence the conduct of the offender; or
(b) the other person, being in a position to influence the conduct of the offender, took reasonable steps and exercised due diligence to prevent the conduct.
Note for subsection (2)
The defendant has an evidential burden in relation to the matters mentioned (see section 43BU of the Criminal Code).
(3) This section does not affect the liability of the offender.
(4) This section applies whether or not the offender is prosecuted for, or convicted of, the offence.
(5) This section does not apply if the offender would have a defence to a prosecution for the offence.