638Treatment of other unincorporated bodies

638 Treatment of other unincorporated bodies

638 Treatment of other unincorporated bodies

(1) This Law (other than section 636) applies to an unincorporated body as if it were a corporation, but with the changes set out in this section.

(2) An obligation or liability that would otherwise be imposed on the unincorporated body by this Law is imposed on each management member of the body instead, but may be discharged by any of the management members.

(3) An amount that would be payable under this Law by the unincorporated body is jointly and severally payable by the management members of the body.

(4) An offence against a provision of this Law specified in column 2 of Schedule 4 that would otherwise be committed by the unincorporated body is taken to have been committed by each management member of the body who knowingly authorised or permitted the conduct constituting the offence.

Maximum penalty—the penalty for a contravention of the provision by an individual.

Editorial note.

See also section 737 (Increase of penalty amounts).

(5), (6) (Repealed)

(7) Nothing in this section affects the application of any other law relating to the criminal liability of any persons (whether or not management members of the unincorporated body) who are accessories to the commission of an offence or are otherwise involved in the contravention giving rise to an offence.

(8) Subsection (4) does not apply to a management member of the unincorporated body acting on a voluntary basis, whether or not the member is reimbursed for the expenses incurred by the member for carrying out activities for the body.

(9) For the purposes of this section, a change in the composition of the unincorporated body does not affect the continuity of the body.

(10) (Repealed)

s 638: Am 2016 No 65, sec 105; 2018 No 10, sec 34.