New South Wales Consolidated Acts

EMPLOYMENT PROTECTION ACT 1982 - SECT 22

22 Offences by corporations

(1) Where 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, shall be deemed to have contravened the same provision unless he or she satisfies the court that:

(a) the corporation contravened the provision without his or her knowledge,

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

(c) he or she, 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.