169Civil and criminal proceedings against parties that are unincorporated associations

169 Civil and criminal proceedings against parties that are unincorporated associations

(1)  The following proceedings under a provision of this Act against a party that is an unincorporated association (whether the subject of the provision is described as a party or a person) may be brought against the party in its own name (and not in the name of any of its members), and, for the purposes of those proceedings, any rules of court relating to the service of documents, are taken to have effect as if the party were a corporation:

(a) proceedings for an offence under this Act alleged to have been committed by a party;

(b) proceedings for the recovery of any amount from a party under this Act.

(2)  If a fine is imposed, on a party that is an unincorporated association, for an offence under this Act or such a party is required in proceedings under this Act to make a payment of an amount, the fine or amount –

(a) is payable out of the property of the party; and

(b) is not payable out of the property of a member or officer of the party unless the property is held for or on behalf of the party.

(3)  The Criminal Code has effect, in a case in which a party that is an unincorporated association is charged with an offence under this Act, in the same manner as it has effect in the case of a corporation charged with such an offence.