Offences by bodies corporate
42 Offences by bodies corporate
If a body corporate is guilty of a prescribed offence, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the director 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 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.
Subsection (2) does not apply if the principal offence is an offence against section 18,
19,
22,
23C,
23G,
23P or 36.
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.
In this section—
prescribed offence means an offence against section 6,
12A,
13,
23,
23AAA,
23AA or 30.
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