PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 169
Liability of directors etc for offences by corporation--offences attracting special executive liability
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 169
Liability of directors etc for offences by corporation--offences attracting special executive liability
(1) If a corporation contravenes, whether by act or omission, a provision of
this Act attracting special executive liability, each person who is a director
of the corporation or who is concerned in the management of the corporation is
taken to have contravened the same provision, unless the person satisfies
the court that--
(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, if in such a position, used all due diligence to prevent the
contravention by the corporation.
(1A) For the purposes of this section, each
of the following provisions attract
"special executive liability" --
(2) A person may be proceeded against
and convicted under a provision pursuant to this section 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.