New South Wales Consolidated Acts

POULTRY MEAT INDUSTRY ACT 1986 - SECT 21

21 Offences by corporations

(1) Where a corporation contravenes, whether by act or omission, any provision of this Act or a regulation, 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 unless the person satisfies the court that:

(a) the corporation contravened the provision 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

(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 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 this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.