Offences by bodies corporate
31 Offences by bodies corporate
If a body corporate is guilty of an offence against this Act (other than an offence against the regulations), each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—
the director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and
the director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and
the director failed to exercise due diligence to prevent the commission of the offence.
The regulations may make provision in relation to the criminal liability of a director of a body corporate that is guilty of an offence against the regulations.
This Act’s bill:Second reading speech
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