Liability of partners, bodies corporate and officers
325 Liability of partners, bodies corporate and officers
(1) If a licence is held by a partnership or body corporate and the licensee or an employee or agent of the partnership or body commits an offence against this Part:
subject to subsection (2), each of the partners; or
the body corporate;
is to be treated as having committed an offence and is liable to the penalty prescribed for the offence committed by the licensee or employee or agent of the partnership or body.
Subsection (1) does not apply to a partner who proves that:
(a) the offence was committed without the partner's consent or connivance; and
(b) the partner exercised all such due diligence to prevent the commission of the offence as ought to have been exercised, having regard to the nature of the partner's functions and to all the circumstances.
(3) Where a body corporate is treated as having committed an offence against this Part, each of the body's officers may be treated as having committed the offence unless the officer proves that:
(a) the offence was committed without the officer's consent or connivance; and
(b) the officer exercised all such due diligence to prevent the commission of the offence as ought to have been exercised, having regard to the nature of the officer's functions and to all the circumstances.
(4) The reference in subsection (2) to a partner does not include a reference to a partner who is also the licensee and the defence available to an officer under subsection (3) is not available to an officer who is also the licensee.
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