sec.171Treatment of unincorporated associations

sec.171 Treatment of unincorporated associations

This section applies to the extent that, because of the definition of person in the dictionary, a provision of this Act that applies to a person is extended to apply also to an unincorporated association. Subject to subsection (6) , an obligation or liability that, apart from this subsection, would be imposed by the provision on an unincorporated association, is imposed on the management members of the association. An amount that, apart from this subsection, would be payable under the provision by an unincorporated association, is payable by the management members of the association. If, under the provision, an offence against this Act is taken to have been committed by an unincorporated association, the offence is taken to have been committed by the management members of the association. However, it is a defence for a management member to prove— if the member was in a position to influence the conduct of the association in relation to the offence—the member exercised reasonable diligence to ensure the association complied with the provision; or the member was not in a position to influence the conduct of the association in relation to the offence. Also, subsection (2) or (4) does not impose an obligation or liability under section 105 , 106 or 108 on a management member of an association. (sec.171-ssec.1) This section applies to the extent that, because of the definition of person in the dictionary, a provision of this Act that applies to a person is extended to apply also to an unincorporated association. (sec.171-ssec.2) Subject to subsection (6) , an obligation or liability that, apart from this subsection, would be imposed by the provision on an unincorporated association, is imposed on the management members of the association. (sec.171-ssec.3) An amount that, apart from this subsection, would be payable under the provision by an unincorporated association, is payable by the management members of the association. (sec.171-ssec.4) If, under the provision, an offence against this Act is taken to have been committed by an unincorporated association, the offence is taken to have been committed by the management members of the association. (sec.171-ssec.5) However, it is a defence for a management member to prove— if the member was in a position to influence the conduct of the association in relation to the offence—the member exercised reasonable diligence to ensure the association complied with the provision; or the member was not in a position to influence the conduct of the association in relation to the offence. (sec.171-ssec.6) Also, subsection (2) or (4) does not impose an obligation or liability under section 105 , 106 or 108 on a management member of an association.

• (a) if the member was in a position to influence the conduct of the association in relation to the offence—the member exercised reasonable diligence to ensure the association complied with the provision; or