85How this Act applies in relation to non‑legal persons

85  How this Act applies in relation to non‑legal persons

How permissions and rights are conferred and exercised

 (1) If this Act purports to confer a permission or right on an entity that is not a legal person, the permission or right:

 (a) is conferred on each person who is an accountable person for the entity at the time the permission or right may be exercised; and

 (b) may be exercised by:

 (i) any person who is an accountable person for the entity at the time the permission or right may be exercised; or

 (ii) any person who is authorised by a person referred to in subparagraph (i) to exercise the permission or right.

How obligations and duties are imposed and discharged

 (2) If this Act purports to impose an obligation or duty on an entity that is not a legal person, the obligation or duty:

 (a) is imposed on each person who is an accountable person for the entity at the time the obligation or duty arises or is in operation; and

 (b) may be discharged by:

 (i) any person who is an accountable person for the entity at the time the obligation or duty arises or is in operation; or

 (ii) any person who is authorised by a person referred to in subparagraph (i) to discharge the obligation or duty.

How non‑legal persons contravene this Act

 (3) A provision of this Act (including a civil penalty provision) that is purportedly contravened by an entity that is not a legal person is instead contravened by each accountable person for the entity who:

 (a) did the relevant act or made the relevant omission; or

 (b) aided, abetted, counselled or procured the relevant act or omission; or

 (c) was in any way knowingly concerned in, or party to, the relevant act or omission.

Meaning of accountable person

 (4) For the purposes of this section, a person is an accountable person for an entity at a particular time if:

 (a) in the case of a partnership in which one or more of the partners is an individual—the individual is a partner in the partnership at that time; or

 (b) in the case of a partnership in which one or more of the partners is a body corporate—the person is a director of the body corporate at that time; or

 (c) in the case of a trust in which the trustee, or one or more of the trustees, is an individual—the individual is a trustee of the trust at that time; or

 (d) in the case of a trust in which the trustee, or one or more of the trustees, is a body corporate—the person is a director of the body corporate at that time; or

 (e) in the case of an unincorporated association—the person is a member of the governing body of the unincorporated association at that time.