Conduct of directors, &c., of bodies corporate
33 Conduct of directors, &c., of bodies corporate
Where in proceedings under this Act or the Regulations it is necessary to establish the intent of a body corporate, it is sufficient to show that a director, employee or agent of the body corporate had that intention.
A person who is a director, or who is involved in the management, of a body corporate that has committed an offence against this Act or the Regulations is guilty of the same offence and is liable to the same penalty.
Proceedings may be instituted against the person notwithstanding that the body corporate has not been charged with the offence.
It is a defence to a prosecution for an offence referred to in subsection (2) that the person:
was not in a position to influence the conduct of the body corporate in relation to the offence; or
took reasonable precautions and used due diligence to prevent the commission of the offence.
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