Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 48

Proceedings against corporations

48. Proceedings against corporations



(1) In this section representative, in relation to a corporation, means a
person duly appointed by the corporation to represent it for the purpose of
doing any act or thing which this section authorises a representative to do.



(2) For the purposes of this section-

   (a)  a representative need not be appointed under the seal of the
        corporation; and

   (b)  a statement in writing purporting to be signed by a managing director
        of a corporation or by any person (by whatever name called) having, or
        being one of the persons having, the management of the affairs of the
        corporation, to the effect that the person named in the statement has
        been appointed as the representative of the corporation for the
        purposes of this section is admissible in evidence and, in the absence
        of evidence to the contrary, is proof that the person has been so
        appointed.

(3) The provisions of this Act relating to proceedings for offences apply to
proceedings against corporations subject to the following-

   (a)  if a corporation is charged with an indictable offence, a
        representative-

   (i)  may consent to the charge being heard and determined summarily; and

   (ii) if expressly authorised to do so, may plead guilty on behalf of the
        corporation;

   (b)  if-

   (i)  a representative appears in a proceeding against a corporation for an
        offence; and

   (ii) a provision of this Act requires something to be done in the presence
        of the defendant, or to be said to the defendant-

it is sufficient if that thing is done in the presence of the representative
or said to the representative;

   (c)  if a corporation and a natural person are charged jointly with an
        indictable offence which may be dealt with summarily, the Court must
        not try either of the defendants summarily unless both of them consent
        to a summary hearing;

   (d)  if a corporation is ordered to be convicted of an offence punishable
        only by imprisonment, the corporation may be ordered to pay a fine.