What the Law states - Offences by persons involved in management of bodies corporate

Taxation Administration Act 1997 - SECT 130

Offences by persons involved in management of bodies corporate

130. Offences by persons involved in management of bodies corporate

(1) If a body corporate, by act or omission, contravenes a provision of a taxation law, a person who is concerned in, or takes part in, the management of the body corporate is, subject to subsection (2), to be taken to have contravened the same provision.

(2) A person is not to be taken to have contravened the provision if the person satisfies the court that-

(a) the body corporate contravened the provision without the person's knowledge; or

(b) the person was not in a position to influence the conduct of the body corporate in relation to its contravention of the provision; or

(c) the person, if in such a position, used all due diligence to prevent the contravention by the body corporate.

(3) A person may be convicted of a contravention of a provision of a taxation law whether or not the body corporate has been convicted of its contravention.

(4) This section does not affect a liability imposed on a body corporate for an offence committed by it against a taxation law.

(5) For the purposes of this section, the following persons are persons who are concerned in, or take part in, the management of a body corporate-

(a) a director of the body corporate;

(b) a secretary of the body corporate;

(c) a receiver and manager of property of the body corporate;

(d) an official manager or deputy official manager of the body corporate;

(e) a liquidator of the body corporate appointed in a voluntary winding up of the body corporate;

(f) a trustee or other person administering a compromise or arrangement made between the body corporate and another person or other persons.