Commonwealth Consolidated Acts

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Liability of officers etc. of corporations

             (1)  Where a corporation does or omits to do an act or thing the doing or omission of which constitutes a taxation offence, a person (by whatever name called and whether or not the person is an officer of the corporation) who is concerned in, or takes part in, the management of the corporation shall be deemed to have committed the taxation offence and is punishable accordingly.

             (2)  In a prosecution of a person for a taxation offence by virtue of subsection (1), it is a defence if the person proves that the person:

                     (a)  did not aid, abet, counsel or procure the act or omission of the corporation concerned; and

                     (b)  was not in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the act or omission of the corporation.

Note 1:       A defendant bears a legal burden in relation to the matters in subsection (2), see section 13.4 of the Criminal Code .

Note 2:       Subsection (2) does not apply in relation to a prosecution under Part 2.4 of the Criminal Code .

             (3)  For the purposes of subsection (1), an officer of a corporation shall be presumed, unless the contrary is proved, to be concerned in, and to take part in, the management of the corporation.

             (4)  In this section, officer , in relation to a corporation, means:

                     (a)  a director or secretary of the corporation;

                     (b)  a receiver and manager of property of the corporation;

                   (ba)  an administrator, within the meaning of the Corporations Act 2001 , of the corporation;

                   (bb)  an administrator of a deed of company arrangement executed by the corporation under Part 5.3A of that Act;

                     (d)  a liquidator of the corporation appointed in a voluntary winding up of the corporation; or

                     (e)  a trustee or other person administering a compromise or arrangement made between the corporation and another person or other persons.

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