New South Wales Consolidated Acts New South Wales Consolidated ActsA director, within the meaning of the Corporations Act 2001 of the Commonwealth, or an employee, of a corporation which commits an offence arising under any provision of this Act is guilty of the same offence and may be punished accordingly unless the director or employee proves that:
(a) the offence committed by the corporation was committed without his or her knowledge,
(b) the director or employee was not in a position to influence the conduct of the corporation in relation to the commission of the offence by it, or
(c) being in such a position, the director or employee used all due diligence to prevent the commission of the offence by the corporation.