Heritage Places Act 1993

For the purposes of proceedings for an offence against this Act—

the conduct or state of mind of a director, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate;

the conduct or state of mind of an employee or agent of a natural person acting within the scope of his or her actual, usual or ostensible authority will be imputed to that person.

If a body corporate is guilty of a prescribed offence, each director and the chief executive officer of the body corporate are guilty of an offence and, subject to subsection (4), liable to the same penalty as is prescribed for the principal offence when committed by an individual unless the director or the chief executive officer (as the case may be) 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 director and the chief executive officer of the body corporate are guilty of an offence and, subject to subsection (4), liable to the same penalty as is prescribed for the principal offence when committed by an individual if the prosecution proves that—

the director or chief executive officer (as the case may be) knew, or ought to have known, that there was a significant risk that such an offence would be committed; and

the director or chief executive officer (as the case may be) was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and

the director or chief executive officer (as the case may be) failed to exercise due diligence to prevent the commission of the offence.

Subsection (2a) does not apply if the principal offence is an offence against section 27(2),

29A or 41.

In proceedings for any offence against this Act (except an offence against subsection (2) or (2a)), it will be a defence if it is proved that the alleged offence did not result from any failure on the defendant's part to take all reasonable and practicable measures to prevent the commission of the offence or offences of the same or a similar nature.

Where—

a natural person is convicted of an offence against this Act; and

the person would not have been convicted of the offence but for the operation of subsection (1),

or (2a), the person is not liable to be punished by imprisonment for the offence.

The offences constituted by this Act lie within the criminal jurisdiction of the Court.

The regulations may make provision in relation to the criminal liability of a director or the chief executive of a body corporate that is guilty of an offence against the regulations.

In this section—

prescribed offence means an offence against section 30,

36(1), 38,

38A, 39A,

39B or 39C.