Offences by bodies corporate
106 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 an offence against section 57(3), each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that—
the member knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and
the member was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and
the member failed to exercise due diligence to prevent the commission of the offence.
In this section—
prescribed offence means an offence against section 57(1),
57(2),
58 or 92(10).
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