NTIn ForceAct
Criminal Property Forfeiture Act 2002
158Proceedings against body corporate
Start here
Get a plain-English read of 158
Turn the raw legal text into a practical explanation grounded in Criminal Property Forfeiture Act 2002.
158 Proceedings against body corporate
(1) If a body corporate commits an offence against this Act and it is
proved that the offence occurred with the knowledge and consent of
an officer of the body corporate, or a person purporting to act as an
officer of the body corporate, that person, as well as the body
corporate, commits the offence.
(2) If the affairs of a body corporate are managed by its members,
subsection (1) applies in relation to the acts and defaults of a
member in connection with the member's functions of management
as if the member were an officer of the body corporate.
(3) If, in proceedings under this Act, it is necessary to establish the
state of mind of a body corporate in relation to particular conduct, it
is sufficient to show that:
(a) the conduct was engaged in by an officer of the body
corporate within the scope of his or her actual or apparent
authority; and
(b) the officer had that state of mind.
(4) If an officer of a body corporate engages in conduct on behalf of the
body corporate within the scope of his or her actual authority, for
the purposes of proceedings under this Act, the body corporate is
taken also to have engaged in the conduct unless the body
corporate establishes that it took reasonable precautions and
exercised due diligence to avoid the conduct.
Criminal Property Forfeiture Act 2002 94