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VICAct
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s 21

Offences by bodies corporate

In force
Part 4Offences

21 Offences by bodies corporate

(1)

An officer (within the meaning of the Corporations Act) of a body corporate that is guilty of an offence against this Act is also—

(a)

guilty of the offence; and

(b)

liable to the penalty for the offence that applies to a natural person—

if the officer knowingly authorised or allowed the contravention.

(2)

An officer of a body corporate may be guilty of an offence against subsection (1) whether or not the body corporate has been found guilty of, or convicted for, the offence.

(3)

If it is necessary to establish in any proceedings for an offence against this Act the state of mind of a body corporate concerning particular conduct it is sufficient to show that—

(a)

the conduct was engaged in by an officer (within the meaning of the Corporations Act) or agent of the body corporate within the scope of his or her actual or apparent authority; and

(b)

the officer or agent had that state of mind.

(4)

Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act.

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