Queensland Numbered Acts Queensland Numbered Acts(1) This Law (other than section 636) applies to an unincorporated body as if it were a corporation, but with the changes set out in this section.
(2) An obligation or liability that would otherwise be imposed on the unincorporated body by this Law is imposed on each management member of the body instead, but may be discharged by any of the management members.
(3) An amount that would be payable under this Law by the unincorporated body is jointly and severally payable by the management members of the body.
(4) An offence against this Law (other than an offence referred to in subsection (5)) that would otherwise be committed by the unincorporated body is taken to have been committed by each management member of the body who knowingly authorised or permitted the conduct constituting the offence.
Maximum penalty—the penalty for a contravention of the provision by an individual.
(5) An offence against a provision of this Law specified in column 3 of Schedule 4 that would otherwise be committed by the unincorporated body is taken to have been committed by each management member of the body who knew or ought reasonably to have known—
(a) of the conduct constituting the offence; or
(b) that there was a substantial risk that the offence would be committed.
Maximum penalty—the penalty for a contravention of the provision by an individual.
(6) For the purposes of subsection (5), it is a defence for the management member of the unincorporated body to prove—
(a) the member exercised reasonable diligence to ensure the body complied with the provision; or
(b) the member was not in a position to influence the conduct of the body in relation to the offence.
(7) Nothing in this section affects the application of any other law relating to the criminal liability of any persons (whether or not management members of the unincorporated body) who are accessories to the commission of an offence or are otherwise involved in the contravention giving rise to an offence.
(8) Subsections (4) and (5) do not apply to a management member of the unincorporated body acting on a voluntary basis, whether or not the member is reimbursed for the expenses incurred by the member for carrying out activities for the body.
(9) For the purposes of this section, a change in the composition of the unincorporated body does not affect the continuity of the body.
(10) In this section—
management member, of an unincorporated body, means—
(a) if the body has a management committee—each member of the management committee; or
(b) otherwise—each member who is concerned with, or takes part in, the body's management, whatever name is given to the member's position in the body.
unincorporated body includes an unincorporated local government authority, but does not include an unincorporated partnership.