Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 140ZF

Unincorporated associations--offences and civil penalties

             (1)  An offence against this Division that would otherwise be committed by an unincorporated association is taken to have been committed by each member of the association's committee of management, at the time the offence is committed, who:

                     (a)  did the relevant act or made the relevant omission; or

                     (b)  aided, abetted, counselled or procured the relevant act or omission; or

                     (c)  was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly or whether by any act or omission of the member).

             (2)  A civil penalty provision of this Division that would otherwise be contravened by an unincorporated association is taken to have been contravened by each member of the association's committee of management, at the time of the conduct constituting the contravention, who:

                     (a)  engaged in the conduct; or

                     (b)  aided, abetted, counselled or procured the conduct; or

                     (c)  was in any way knowingly concerned in, or party to, the conduct (whether directly or indirectly or whether by any act or omission of the member).

             (3)  If a member of an unincorporated association's committee of management contravenes a civil penalty provision, the civil penalty that may be imposed on the member must not exceed an amount equal to one-fifth of the maximum penalty that could be imposed on a body corporate for the same contravention.

             (4)  For the purposes of subsection (1), to establish that an unincorporated association had a particular state of mind when it engaged in particular conduct, it is sufficient to show that a relevant member of the association's committee of management had the relevant state of mind.



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