New South Wales Consolidated Acts

FERTILISERS ACT 1985 - SECT 36

36 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 shall be deemed to have contravened the same provision unless the director satisfies the court before which proceedings are being taken in respect of the contravention that:

(a) the corporation contravened the provision without the knowledge of the director,

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

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

(2) A director of a corporation may be proceeded against and convicted pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted.

(3) Nothing in subsection (1) prejudices or affects any liability imposed by this Act or the regulations on any corporation by which an offence is actually committed.

(4) In this section, a reference to a director of a corporation includes a reference:

(a) to any person occupying or acting in the position of director of the corporation, by whatever name called and whether or not validly appointed or duly authorised to act in that position, and

(b) to any person in accordance with whose directions or instructions the directors of the corporation are accustomed to act.