149Treatment of trusts with multiple trustees

149 Treatment of trusts with multiple trustees

(1) If a trust has 2 or more trustees, this Law applies to the trust as if it were a person, but with the changes set out in this section.

Note: A trust may be an owner of a vessel (see the definitions of entity and owner in section 6).

(2) An obligation that would otherwise be imposed on the trust by this Law is imposed on each trustee instead, but may be discharged by any of the trustees.

(3) An offence against this Law that would otherwise be committed by the trust is taken to have been committed by each trustee.

(4) A trustee does not commit an offence because of subsection (3) if the trustee:

(b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the trustee becomes aware of those circumstances.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see section 13.3(3) of the Criminal Code).

Division 4—Fees

150 Charging of fees by the National Regulator

(1) The National Regulator may charge such fees as are prescribed by the regulations for things done by the National Regulator under this Law.

(2) The fee is payable to the National Regulator.

(3) The fee must not be such as to amount to taxation.

(4) If the fee is unpaid, it is a debt due to the National Regulator and is recoverable in a court of competent jurisdiction.

151 Charging of fees by accredited persons

(1) An accredited person who:

(a) is not an officer or employee of the Commonwealth, a State or the Northern Territory, or of an agency of the Commonwealth, a State or the Northern Territory; or

(b) is such an officer or employee, but does a thing under this Law other than in that capacity;

may charge another person the fee agreed between the accredited person and the other person for a thing done by the accredited person under this Law.

(2) The fee is payable to the accredited person.

(3) The fee must not be such as to amount to taxation.

(4) If the fee is unpaid, it is a debt due to the accredited person and is recoverable in a court of competent jurisdiction.

Division 5—Disclosure of information

152 Disclosure of information by certain persons to the National Regulator

Any of the following may disclose to the National Regulator information (including personal information) that may be relevant to the administration of this Law:

(a) a delegate or sub‑delegate of the National Regulator;