sec.106Certain persons liable for offences by unincorporated bodies

sec.106 Certain persons liable for offences by unincorporated bodies

In this section— executive officer means the chairperson, by whatever name called, of an unincorporated body. If an unincorporated body is subject to the provisions of this Act, the executive officer or, if there is no executive officer, the secretary of the body must ensure that the body complies with the provisions. Maximum penalty—40 penalty units. If an unincorporated body fails to pay levy, the executive officer or, if there is no executive officer, the secretary of the body is taken to have incurred the debt that results from the failure and may be sued for the debt under section 85 . Before instituting a proceeding against a person under subsection (3) , the authority must cause a copy of the notice mentioned in section 85 (4) to be served on the person. It is a defence to— a prosecution brought against a person for an offence against subsection (2) ; or proceedings instituted against a person under subsection (3) ; to prove— that the failure of the unincorporated body to comply with a provision of this Act, or to pay levy, happened without the person’s consent or connivance; and that the person took all reasonable steps to— prevent the failure; or ensure that the levy was paid. s 106 amd 1994 No. 65 s 3 sch ; 2000 No. 61 s 66 ; 2005 No. 27 s 3 sch (sec.106-ssec.1) In this section— executive officer means the chairperson, by whatever name called, of an unincorporated body. (sec.106-ssec.2) If an unincorporated body is subject to the provisions of this Act, the executive officer or, if there is no executive officer, the secretary of the body must ensure that the body complies with the provisions. Maximum penalty—40 penalty units. (sec.106-ssec.3) If an unincorporated body fails to pay levy, the executive officer or, if there is no executive officer, the secretary of the body is taken to have incurred the debt that results from the failure and may be sued for the debt under section 85 . (sec.106-ssec.4) Before instituting a proceeding against a person under subsection (3) , the authority must cause a copy of the notice mentioned in section 85 (4) to be served on the person. (sec.106-ssec.5) It is a defence to— a prosecution brought against a person for an offence against subsection (2) ; or proceedings instituted against a person under subsection (3) ; to prove— that the failure of the unincorporated body to comply with a provision of this Act, or to pay levy, happened without the person’s consent or connivance; and that the person took all reasonable steps to— prevent the failure; or ensure that the levy was paid.

• (a) a prosecution brought against a person for an offence against subsection (2) ; or
• (b) proceedings instituted against a person under subsection (3) ;
• (c) that the failure of the unincorporated body to comply with a provision of this Act, or to pay levy, happened without the person’s consent or connivance; and