Provides that an offence of not complying with the duty created at section 1 applies to: a body corporate with unlimited liability; partnerships and partners jointly; and unincorporated associations (other than a partnership) alongside any identified officer or member who committed the offence. This section also provides that proceedings for alleged offences by a partnership must be brought in the name of the partnership; offences by an unincorporated association (other than a partnership) must be brought in the name of the association; that rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate; any fines imposed on a partnership  or unincorporated association on its conviction for an offence must be paid out of the respective partnership assets or out of the unincorporated association funds.
Commentary on Sections Section 5 (Offences by bodies corporate etc.)