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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 131CC

Offences by members of a firm

  (1)   Section   131BA and subsection   131B(2A) apply to a firm as if it were a person, but with the changes set out in this section.

  (2)   An offence based on section   131BA or subsection   131B(2A) that would otherwise be committed by the firm is taken to have been committed by each member of the firm.

  (3)   A member of the firm does not commit an offence because of subsection   (2) if the member:

  (a)   does not know of the circumstances that constitute the contravention of the provision concerned; or

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

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



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