Victorian Current Acts

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Proceedings against bodies corporate

    (1)     In this section—

"representative", in relation to a body corporate, means a person duly appointed by the body corporate to represent it for the purpose of doing any act or thing which this section authorises a representative to do.

    (2)     For the purposes of this section, a representative need not be appointed under the seal of the body corporate.

    (3)     For the purposes of this section, a statement in writing that—

        (a)     purports to be signed by a managing director of a body corporate or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the body corporate; and

        (b)     is to the effect that the person named in the statement has been appointed as the representative of the body corporate for the purposes of this section—

is admissible in evidence and, in the absence of evidence to the contrary, is proof that the person has been so appointed.

    (4)     A representative may do any act or thing that a natural person may do in a criminal proceeding subject to the following—

        (a)     if a body corporate is charged with an indictable offence, a representative     may consent to the charge being heard and determined summarily;

        (b)     if expressly authorised to do so, a representative may plead guilty on behalf of the body corporate;

        (c)     if expressly authorised to do so, a representative may sign a notice of appeal referred to in section 255 and enter into an undertaking under section 255(5) ;

        (d)     if—

              (i)     a representative appears in a proceeding against a body corporate for an offence; and

              (ii)     a provision of this Act requires something to be done in the presence of the accused, or to be said to the accused—

    it is sufficient if that thing is done in the presence of the representative or said to the representative.

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