Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An entity commits an offence if:
(a) the entity is suspended under section 100 - 10 or removed under section 100 - 15; and
(b) the entity makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the registered entity.
Penalty: Imprisonment for 1 year or 50 penalty units, or both.
(2) An entity commits an offence if:
(a) the entity is suspended under section 100 - 10 or removed under section 100 - 15; and
(b) the entity exercises the capacity to affect significantly the registered entity's financial standing.
Penalty: Imprisonment for 1 year or 50 penalty units, or both.
(3) An entity commits an offence if:
(a) the entity is suspended under section 100 - 10 or removed under section 100 - 15; and
(b) the entity is an individual; and
(c) the entity communicates instructions or wishes to the remaining responsible entities of the registered entity:
(i) knowing that those responsible entities are accustomed to act in accordance with the suspended or removed entity's instructions or wishes; or
(ii) intending that those responsible entities will act in accordance with those instructions or wishes; and
(d) the communication of those instructions or wishes is not advice given by the entity in the proper performance of functions attaching to the entity's professional capacity or his or her business relationship with the remaining responsible entities of the registered entity.
Penalty: Imprisonment for 1 year or 50 penalty units, or both.
(4) Strict liability applies to paragraphs (1)(a), (2)(a) and (3)(a).
Note: For strict liability, see section 6.1 of the Criminal Code .