Victorian Current Acts Victorian Current ActsS. 90(1) amended by No. 44/2001 s. 3(Sch. item 22.2).
(1) If a body corporate contravenes any provision of, or an authority or notice under, a relevant law the body corporate is liable to the penalty for that offence.
S. 90(2) amended by No. 44/2001 s. 3(Sch. item 22.2).
(2) If the contravention was committed with the consent or connivance or because of the wilful neglect of an officer or a person purporting to be an officer of the body corporate, that officer or person is also guilty of that offence and liable to the penalty for that offence.
S. 90(3) amended by No. 44/2001 s. 3(Sch. item 22.2).
(3) When in proceedings under a relevant law it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention.
S. 90(4) amended by No. 44/2001 s. 3(Sch. item 22.2).
(4) In respect of any proceedings for an offence by a body corporate against a relevant law any statement made by an officer of the body corporate is admissible as evidence against the body corporate.
(5) Where a relevant law provides that a person, being a partnership or unincorporated association is guilty of an offence, that reference to a person is—
(a) in the case of a partnership—to be read as a reference to each member of the partnership; and
(b) in the case of an unincorporated association—to be read as a reference to each member of the committee of management of the association.
(6) In this section—
S. 90(6) def. of officer substituted by No. 44/2001 s. 3(Sch. item 22.3), amended by No. 38/2021 s. 25(2).
"officer" of a body corporate has the same meaning as in section 9 of the Corporations Act.