51CProceedings against successors to public bodies

51C Proceedings against successors to public bodies (1) In this section, ***public body*** means— (a) a body corporate representing the Crown; or (b) a State owned enterprise or reorganising body (within the meaning of the **State Owned Enterprises Act 1992**); or S. 51C(1)(c) amended by No. 9/2020 s. 390(Sch. 1 item 22). (c) a Council (within the meaning of the **Local Government Act 2020**); or (d) a public entity (within the meaning of the **Public Administration Act 2004**). (2) Proceedings for an offence against this Act that were instituted against a public body before its dissolution, or that could have been instituted against a public body if not for its dissolution, may be continued or instituted against its successor if the successor is a public body. (3) An infringement notice served on a public body for an offence against this Act is taken to be an infringement notice served on its successor if the successor is a public body. (4) Similarly, any penalty paid by a public body in respect of an infringement notice is taken to be a penalty paid by its successor if the successor is a public body. Pt 7A (Heading and s. 51D) inserted by No. 36/2021 s. 10. Part VIIA—Insurance and indemnity for pecuniary penalties prohibited S. 51D inserted by No. 36/2021 s. 10. 51D Certain insurance and indemnity arrangements void A term of a contract or other arrangement that purports to insure or indemnify a person for the person's liability to pay a pecuniary penalty under this Act is void to the extent that the term provides for that insurance or indemnity. S. 51E inserted by No. 36/2021 s. 11. 51E Prohibition on insurance and indemnity for pecuniary penalties (1) A person must not— (a) enter into or be a party to a contract or other arrangement that purports to insure or indemnify the person for the person's liability to pay a pecuniary penalty under this Act; or (b) enter into, offer to enter into or be a party to a contract or other arrangement that purports to insure or indemnify another person for that other person's liability to pay a pecuniary penalty under this Act. (2) A person does not commit an offence against subsection (1) if the person has a reasonable excuse for entering into, offering to enter into or being a party to the contract or other arrangement. (3) A person must not receive a benefit under a term of a contract or other arrangement that is a term which purports to insure or indemnify the person for the person's liability for a pecuniary penalty under this Act. (4) A person must not provide a benefit to another person under a term of a contract or other arrangement that is a term which purports to insure or indemnify that other person for that person's liability for a pecuniary penalty under this Act. (5) An offence against subsection (1), (3) or (4) is an indictable offence. Pt 8 (Heading) amended by No. 31/2005 s. 21. Part VIII—Regulations, orders, codes of practice, undertakings and advice on compliance