Offences by corporations--liability of directors and managers
12 Offences by corporations--liability of directors and managers
(1) If a corporation contravenes, whether by act or omission, any provision of
this Act or the regulations, each director of the corporation, and each person
concerned in the management of the corporation, is taken to have contravened
the same provision unless the director or person satisfies the court that the
director or person--
(a) was not in a position to influence the conduct of the
corporation in relation to its contravention of the provision, or
(b) being
in such a position, used all due diligence to prevent the contravention 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) Nothing in
subsection (1) prejudices or affects any liability imposed by a provision of
this Act or the regulations on any corporation by which an offence against the
provision is actually committed.
(4) In the case of a corporation that is a
local council, a member of the council (in his or her capacity as such a
member) is not to be regarded as a director or person concerned in the
management of the council for the purposes of this section.
