Burial and Cremation Act 2019

If a body corporate contravenes a provision of this Act, a person who is concerned in, or takes part in, the management of the body corporate is taken to have contravened that provision.

It is a defence in proceedings in respect of a contravention referred to in subsection (1) for a person to prove that – the body corporate contravened the provision without the person’s knowledge; or the person was not in a position to influence the conduct of the body corporate in relation to the contravention; or the person, if in such a position, attempted to prevent the contravention by the body corporate.

A person referred to in subsection (1) may be convicted of a contravention of a provision of this Act whether or not the body corporate has been convicted of its contravention.

Nothing in this section affects the liability of a body corporate for an offence committed by it against a provision of this Act.