Section 203 — National Disability Insurance Scheme Act 2013: Application of Act to unincorporated bodies

(1) This Act applies to an entity that: (c) is a registered NDIS provider; or (d) wishes to apply for registration as a registered NDIS provider; or (e) is an NDIS provider; as if the entity were a person, but with the changes mentioned in subsections (3), (4) and (5). (2) In addition: (a) Division 2 of Part 1 of Chapter 4; and (b) Part 2 of Chapter 4; apply to an entity as if the entity were a person, but with the changes mentioned in subsections (3), (4) and (5). (3) An obligation that would be imposed on the entity is imposed instead on: (a) if the entity is a partnership—each partner; or (b) in any other case—each member of the committee of management of the entity; but may be discharged by any of the partners or any of those members. (4) A thing that the entity would be permitted to do may instead be done by: (a) if the entity is a partnership—any partner; or (b) in any other case—any member of the committee of management of the entity. (5) An offence against this Act that would otherwise be committed by the entity is taken instead to have been committed by: (a) if the entity is a partnership—any partner: (i) who was knowingly concerned in, or party to, the act or omission constituting the offence; or (ii) who aided, abetted, counselled or procured that act or omission; or (b) in any other case—any member of the committee of management of the entity: (i) who was knowingly concerned in, or party to, the act or omission constituting the offence; or (ii) who aided, abetted, counselled or procured that act or omission. (6) 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. (7) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.