Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) If a person (the offender ) who is involved in the management of an unincorporated association commits an offence against this Act in the course of the activities of the unincorporated association, each other person who is involved with, or takes part in, the management of the unincorporated association is taken to have committed the offence and is punishable accordingly.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2) Subsection (1) does not apply to a person if—
(a) the person was not in a position to influence the conduct of the offender; or
(b) the person, being in a position to influence the conduct of the offender, took reasonable precautions and exercised due diligence to prevent the commission of the offence.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3) This section does not affect the liability of the offender.
(4) This section applies whether or not the offender is prosecuted for, or convicted of, the offence.