31Offences by partnerships and unincorporated bodies

#### 31 Offences by partnerships and unincorporated bodies (1) If a partnership that is a regulated corporation commits an offence against this Act, that offence is taken to have been committed by each of the partners. (2) If an unincorporated body that is a regulated corporation commits an offence against this Act, that offence is taken to have been committed by the controlling officer or controlling officers of the body. (3) In a prosecution for an offence a partner or controlling officer is so taken to have committed, it is a defence if the partner or controlling officer: (a) did not aid, abet, counsel or procure the act or omission constituting the offence; and (b) was not in any way (whether directly or indirectly or by act or omission) knowingly concerned in, or party to, the act or omission constituting the offence. > Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code. (4) In this section: > controlling officer, in relation to an unincorporated body, means a person who has authority to determine, or who has control over: (a) the general conduct of the affairs of the body; or (b) the conduct of that part of the affairs of the body in relation to which the act or omission constituting the offence occurred.