Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 90

Offences by bodies corporate and partnerships etc.

90. Offences by bodies corporate and partnerships etc.







(1) If a body corporate contravenes any provision of, or an authority or
notice under, a relevant law the body corporate is liable to the penalty for
that offence.

(2) If the contravention was committed with the consent or connivance or
because of the wilful neglect of an officer or a person purporting to be an
officer of the body corporate, that officer or person is also guilty of that
offence and liable to the penalty for that offence.

(3) When in proceedings under a relevant law it is necessary to establish the
intention of a body corporate, it is sufficient to show that a servant or
agent of the body corporate had that intention.

(4) In respect of any proceedings for an offence by a body corporate against a
relevant law any statement made by an officer of the body corporate is
admissible as evidence against the body corporate.

(5) Where a relevant law provides that a person, being a partnership or
unincorporated association is guilty of an offence, that reference to a person
is-

   (a)  in the case of a partnership-to be read as a reference to each member
        of the partnership; and

   (b)  in the case of an unincorporated association-to be read as a reference
        to each member of the committee of management of the association.

(6) In this section-



"officer" of a body corporate has the same meaning as in section 82A of the
Corporations Act.