Division 12

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Corporate criminal liability

Division 12 provides that corporations are liable under the Code and may be found guilty of any offence, including one punishable by imprisonment. It sets out various fault elements that apply to corporations accused of crimes, including principles applicable where the offence involves a physical element and/or intent or negligence.

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Division 12.1 – General Principles

(1) This Code applies to bodies corporate in the same way as it applies to individuals. It so applies with such modifications as are set out in this Part, and with such other modifications as are made necessary by the fact that criminal liability is being imposed on bodies corporate rather than individuals.

(2) A body corporate may be found guilty of any offence, including one punishable by imprisonment.

Law / 01st January 1997 / Australia / Criminal Code Act 1995 (Cth)

The Criminal Code Act 1995 (Cth) (the Code) is Commonwealth or national legislation that provides: – a wide range of criminal offences, from offences relating to the security of the Commonwealth and the proper administration of Government to offences against humanity and dangers to the community; and – general principles of criminal responsibility.