Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BUILDING ACT 2016 (NO. 25 OF 2016) - SECT 303

Offences by bodies corporate
(1)  If a body corporate contravenes a provision of this Act, a person who is concerned in, or takes part in, the management of the body corporate is taken to have contravened that provision.
(2)  It is a defence in proceedings under subsection (1) for a person to prove that –
(a) the body corporate contravened the provision without the person's knowledge; or
(b) the person was not in a position to influence the conduct of the body corporate in relation to its contravention of the provision; or
(c) the person, if in such a position, attempted to prevent the contravention by the body corporate.
(3)  A person may be convicted of a contravention of a provision of this Act whether or not the body corporate has been convicted of its contravention.
(4)  This section does not affect a liability imposed on a body corporate for an offence committed by it against a provision of this Act.
(5)  For the purpose of this section, the following persons are persons who are concerned in, or take part in, the management of a body corporate:
(a) a director of the body corporate;
(b) a secretary of the body corporate;
(c) a person involved in managing the affairs of the body corporate, by whatever name called;
(d) a receiver and manager of property of the body corporate;
(e) an administrator of a deed of arrangement executed by the body corporate;
(f) a liquidator of the body corporate appointed in a voluntary winding-up of the body corporate;
(g) a trustee or other person administering a compromise or arrangement made between the body corporate and another person or other persons.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback