Determining guilt
(1) A corporation may be found guilty of an offence against section 45AF or 45AG even if: (a) each other party to the contract, arrangement or understanding is a person who is not criminally responsible; or (b) subject to subsection (2), all other parties to the contract, arrangement or understanding have been acquitted of the offence. Note: Party has an extended meaning—see section 45AC. (2) A corporation cannot be found guilty of an offence against section 45AF or 45AG if: (a) all other parties to the contract, arrangement or understanding have been acquitted of such an offence; and (b) a finding of guilt would be inconsistent with their acquittal.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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