Vicarious liability for offences
72 Vicarious liability for offences
If a body corporate is guilty of a prescribed offence, each person occupying a position of authority in the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by an individual unless the person occupying the position of authority proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.
If a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each person occupying a position of authority in 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 person knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and
the person was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and
the person failed to exercise due diligence to prevent the commission of the offence.
Subsection (2) does not apply if the principal offence is an offence against section 42,
44, 45,
47, 50(4),
58, 64,
65 or 69.
The regulations may make provision in relation to the criminal liability of a person occupying a position of authority in a body corporate that is guilty of an offence against the regulations.
In this section—
prescribed offence means an offence against section 50(1),
51, 55 or 67.
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