New South Wales Consolidated Acts

ENVIRONMENTALLY HAZARDOUS CHEMICALS ACT 1985 - SECT 53

53 Offences by corporations

(1) Where a corporation contravenes, whether by act or omission, any provision of this Act, a regulation or a chemical control order, or any condition of a licence, each person who is a director of the corporation or who is concerned in the management of the corporation shall be deemed to have contravened the same provision or the same condition, as the case may be, unless the person satisfies the court that:

(a) the corporation contravened the provision or condition without the knowledge of the person,

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

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

(d) the corporation would not have been found guilty of the offence by reason of its being able to establish a defence available to it under this Act or the regulations.

(2) A person who is a director of a corporation or who is concerned in the management of a corporation may, by virtue of subsection (1), be proceeded against and be convicted of an offence in respect of a contravention referred to in that subsection, whether or not the corporation has been proceeded against or been convicted in respect of the contravention.

(3) Nothing in subsection (1) prejudices or affects any liability imposed by a provision of this Act or a regulation on any corporation by which an offence arising under the provision is actually committed.