New South Wales Consolidated Acts

APIARIES ACT 1985 - SECT 43

43 Offences by officers of corporations

(1) Where a corporation contravenes, whether by act or omission, any provision of this Act, every person who is an officer of the corporation shall be deemed to have contravened that provision unless that person satisfies the court that:

(a) the corporation so contravened the provision without that person’s knowledge,

(b) that person was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or

(c) that person, being in such a position, used all due diligence to prevent the contravention of the provision by the corporation.

(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under that provision.

(3) Subsection (1) does not prejudice or affect any liability that is or may be imposed by or under a provision of this Act on a corporation by which an offence against the provision is actually committed.

(4) In this section, "officer" of a corporation has the same meaning as it has in the Corporations Act 2001 of the Commonwealth.