Offences by the corporation
105 Offences by the corporation
If the Corporation contravenes, whether by act or omission, any provision of this Act, each person who is a director of the Corporation or who is concerned in the management of the Corporation is taken to have contravened the same provision, unless the person satisfies the court that – the Corporation contravened the provision without the person's actual, imputed or constructive knowledge; or the person was not in a position to influence the conduct of the Corporation in relation to its contravention of the provision; or the person, if in such a position, used reasonable due diligence to prevent the Corporation's contravention of the provision.
A person may be proceeded against and convicted in respect of such a contravention pursuant to this section whether or not the Corporation has been proceeded against or convicted in respect of that contravention.
Nothing in this section affects the Corporation's liability for an offence committed by the Corporation against this Act.
Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of the Corporation (while acting in his or her capacity as such) had, at any particular time, a particular intention, is evidence that the Corporation had that intention.
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