444‑85 Non‑profit sub‑entities444‑85 Non‑profit sub‑entities

444‑85 Non‑profit sub‑entities

(1) Obligations that would be imposed under the *GST law or the *fuel tax law on a *non‑profit sub‑entity are imposed on each entity who is responsible, to entities or bodies outside the sub‑entity, for the management of the sub‑entity, but may be discharged by any entity who is so responsible. (2) The entities who are so responsible in respect of the sub‑entity are jointly and severally liable to pay any amount that is payable under the *GST law or the *fuel tax law by the sub‑entity. (3) Any offence against the *GST law or the *fuel tax law that is committed by the sub‑entity is taken to have been committed by each entity who is responsible, to entities or bodies outside the sub‑entity, for the management of the sub‑entity. (4) In a prosecution of an entity for an offence that the entity is taken to have committed because of subsection (3), it is a defence if the entity proves that the entity: (a) did not aid, abet, counsel or procure the relevant act or omission; and (b) was not in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the entity).

Note 1: The defence in subsection (4) does not apply in relation to offences under Part 2.4 of the Criminal Code.

Note 2: A defendant bears a legal burden in relation to the matters in subsection (4): see section 13.4 of the Criminal Code.