Miscellaneous Part 7
Treatment of certain entities Division 2
Section 55
(4) This section applies to a contravention of a civil penalty provision
in a corresponding way to the way in which it applies to an
offence.
(5) For the purposes of this Act, a change in the composition of a
partnership does not affect the continuity of the partnership.
55 Treatment of trusts and superannuation funds that are trusts
(1) This Act applies to a trust or a superannuation fund that is a trust as
if it were an entity, but with the changes set out in this section.
Trusts or superannuation funds with a single trustee
(2) If the trust or superannuation fund has a single trustee:
(a) an obligation that would otherwise be imposed on the trust or
superannuation fund by this Act is imposed on the trustee
instead; and
(b) an offence against this Act that would otherwise have been
committed by the trust or superannuation fund is taken to
have been committed by the trustee.
Trusts or superannuation funds with multiple trustees
(3) If the trust or superannuation fund has 2 or more trustees:
(a) an obligation that would otherwise be imposed on the trust or
superannuation fund by this Act is imposed on each trustee
instead, but may be discharged by any of the trustees; and
(b) an offence against this Act that would otherwise have been
committed by the trust or superannuation fund is taken to
have been committed by each trustee of the trust or
superannuation fund, at the time the offence was committed,
who:
(i) did the relevant act or made the relevant omission; or
(ii) aided, abetted, counselled or procured the relevant act or
omission; or
(iii) was in any way knowingly concerned in, or party to, the
relevant act or omission (whether directly or indirectly
and whether by any act or omission of the trustee).
No. 29, 2018
Security of Critical Infrastructure Act 2018
Authorised Version C2018A00029
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