Section 1229A — Corporations Act 2001 (Cth)

Part 2.5 of Criminal Code does not apply

(1) Part 2.5 of the Criminal Code does not apply in determining whether a body corporate that is a CCIV has committed an offence.

Note: Section 1229B applies instead.

Other rules for corporate contraventions do not apply

(2) A provision of a law of the Commonwealth (other than this Subdivision) does not apply in relation to a CCIV to the extent the provision would, apart from this subsection:

(a) treat conduct (however described) engaged in by a person other than a CCIV as having been engaged in by the CCIV; or

(b) treat conduct (however described) engaged in by a person in relation to another person other than a CCIV as having been engaged in by the person in relation to the CCIV; or

(c) treat a state of mind (however described) held by a person other than a CCIV as being sufficient to show that the CCIV had the state of mind; or

(d) require an element of:

(i) an offence; or

(ii) a provision in relation to a contravention of which a civil penalty may be imposed;

done by a person other than a CCIV to be attributed to the CCIV.

Note 1: Section 1229B applies instead.

Note 2: For paragraph (a), an example is subsection 769B(1).

Note 3: For paragraph (b), an example is subsection 769B(2).

Note 4: For paragraph (c), an example is subsection 769B(3).

Note 5: For paragraph (d), an example is section 1317QE.

Related sections

• s 1228G — Corporate director and associates cannot vote if interested in resolution
• s 1228H — How to work out the value of a share
• s 1229 — Application of this Subdivision
• s 1229B — General rule for attributing conduct and state of mind to a CCIV
• s 1229C — Exceptions etc. specific to this Act
• s 1229D — Corporate director generally taken to commit offences committed by CCIV

Research how courts apply s 1229A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.