Offences by corporations
111 Offences by corporations
In this section, officer—
S. 111(1)(a) substituted by No. 44/2001 s. 3(Sch. item 82.1(a)).
in relation to a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and
S. 111(1)(b) amended by No. 44/2001 s. 3(Sch. item 82.1(b)).
in relation to a corporation which is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned or takes part in the management of the corporation—
but does not include an employee of the corporation.
If a corporation is guilty of an offence against this Act or a regulation, any officer of the corporation who was in any way, by act or omission, knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence.
If in a proceeding for an offence against this Act or a regulation it is necessary to establish the intention of a corporation, it is sufficient to show that a servant or agent of the corporation had that intention.
A statement made by an officer of a corporation is admissible as evidence against the corporation in any proceeding against the corporation for an offence against this Act or a regulation.
S. 111A inserted by No. 82/2000 s. 65.
This provision refers to the regulations (a regulation
). Made under this Act:
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