Auditor-General Act 1996
3BOffences against Act—application of Criminal Code etc
Start here
Get a plain-English read of 3B
Turn the raw legal text into a practical explanation grounded in Auditor-General Act 1996.
3B Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. Division 1.2 Important concepts 5 Controlling interests (1) For this Act, the Territory or a territory entity has a controlling interest in a company if its interest in the company is such that— (a) it is able to— (i) control the composition of the board of directors of the company; or (ii) cast, or control the casting of, more than 50% of the maximum number of votes that might be cast at a general meeting of the company; or (iii) control more than 50% of the issued share capital of the company (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital); or (b) if paragraph (a) does not apply—no other person holds a greater interest in the company.