New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 54

54 Contravention of Act etc by corporations

(1) Where a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person, being a director of the corporation or a person concerned in the management of the corporation, shall be deemed to have contravened the same provision and to be liable to the same extent as the corporation in respect of the contravention unless the person satisfies the court or the Tribunal that:

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

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

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

(2) A person may be proceeded against and an order or conviction may be made in respect of the person pursuant to subsection (1) whether or not the corporation has been proceeded against or an order or conviction has been made in respect of the corporation.

(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 a contravention to which that subsection applies is actually committed.