Commonwealth Consolidated Acts

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Person other than a body corporate must not carry on banking business

             (1)  A person commits an offence if:

                     (a)  the person carries on any banking business in Australia; and

                     (b)  the person is not a body corporate; and

                     (c)  there is no determination in force under section 11 that this subsection does not apply to the person.

Penalty:  200 penalty units.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  An offence against subsection (1) is an indictable offence.

             (3)  If a person carries on banking business in circumstances that give rise to the person committing an offence against subsection (1), the person commits an offence against that subsection in respect of:

                     (a)  the first day on which the offence is committed; and

                     (b)  each subsequent day (if any) on which the circumstances that gave rise to the person committing the offence continue (including the day of conviction for any such offence or any later day).

Note:          This subsection is not intended to imply that section 4K of the Crimes Act 1914 does not apply to offences against this Act or the regulations.

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