sec.112BApplication to unincorporated bodies

### sec.112B Application to unincorporated bodies This section applies in relation to any of the following entities that are unincorporated bodies— a registered political party; a third party; an associated entity of— a registered political party that endorses a candidate in an election; or a candidate in an election; or a group of candidates for an election. This part, and part 9 , division 5 , apply in relation to the unincorporated body as if it were a person. An obligation or liability that, apart from this subsection, would be imposed under this part or part 9 , division 5 on the unincorporated body, is imposed on each member of the executive committee (however described) of the body, but may be discharged by any of the members of the executive committee. An amount that, apart from this subsection, would be payable under this part or part 9 , division 5 by the unincorporated body is jointly and severally payable by the members of the executive committee (however described) of the body. An offence against a provision of this part or part 9 , division 5 that, apart from this subsection, would be committed by the unincorporated body is taken to have been committed by each member of the executive committee (however described) of the body who— authorised or permitted the conduct that would have constituted the offence; or was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence. Maximum penalty—the penalty for a contravention of the provision by an individual. This section does not affect the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is a member of the executive committee (however described) of the unincorporated body, for an offence against this part or part 9 , division 5 . A reference in this part to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting— on behalf of the unincorporated body; and under the body’s actual or apparent authority. Also, a reference in this part to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of the unincorporated body. s 112B ins 2020 No. 20 s 131 sub 2023 No. 8 s 26 (sec.112B-ssec.1) This section applies in relation to any of the following entities that are unincorporated bodies— a registered political party; a third party; an associated entity of— a registered political party that endorses a candidate in an election; or a candidate in an election; or a group of candidates for an election. (sec.112B-ssec.2) This part, and part 9 , division 5 , apply in relation to the unincorporated body as if it were a person. (sec.112B-ssec.3) An obligation or liability that, apart from this subsection, would be imposed under this part or part 9 , division 5 on the unincorporated body, is imposed on each member of the executive committee (however described) of the body, but may be discharged by any of the members of the executive committee. (sec.112B-ssec.4) An amount that, apart from this subsection, would be payable under this part or part 9 , division 5 by the unincorporated body is jointly and severally payable by the members of the executive committee (however described) of the body. (sec.112B-ssec.5) An offence against a provision of this part or part 9 , division 5 that, apart from this subsection, would be committed by the unincorporated body is taken to have been committed by each member of the executive committee (however described) of the body who— authorised or permitted the conduct that would have constituted the offence; or was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence. Maximum penalty—the penalty for a contravention of the provision by an individual. (sec.112B-ssec.6) This section does not affect the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is a member of the executive committee (however described) of the unincorporated body, for an offence against this part or part 9 , division 5 . (sec.112B-ssec.7) A reference in this part to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting— on behalf of the unincorporated body; and under the body’s actual or apparent authority. (sec.112B-ssec.8) Also, a reference in this part to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of the unincorporated body. - (a) a registered political party; - (b) a third party; - (c) an associated entity of— (i) a registered political party that endorses a candidate in an election; or (ii) a candidate in an election; or (iii) a group of candidates for an election. - (i) a registered political party that endorses a candidate in an election; or - (ii) a candidate in an election; or - (iii) a group of candidates for an election. - (i) a registered political party that endorses a candidate in an election; or - (ii) a candidate in an election; or - (iii) a group of candidates for an election. - (a) authorised or permitted the conduct that would have constituted the offence; or - (b) was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence. - (a) on behalf of the unincorporated body; and - (b) under the body’s actual or apparent authority.