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s 42B

Officer may be taken to have committed offence against s 42A

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Part 5General
Division 1General provisions

42B Officer may be taken to have committed offence against s 42A

(1)

If a body corporate commits an offence against section 42A, each officer of the body corporate is taken to have also committed the offence if—

(a)

the officer authorised or permitted the body corporate’s conduct constituting the offence; or

(b)

the officer was, directly or indirectly, knowingly concerned in the body corporate’s conduct constituting the offence.

(2)

The officer of the body corporate may be proceeded against for, and convicted of, the offence against section 42A whether or not the body corporate has been proceeded against for, or convicted of, the offence.

(3)

This section does not affect either of the following—

(a)

the liability of the body corporate for the offence against section 42A;

(b)

the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an officer of the body corporate, for the offence against section 42A.

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