Northern Territory Consolidated Acts

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RESIDENTIAL TENANCIES ACT - SECT 11

Director may be liable for offence of body corporate

11. Director may be liable for offence of body corporate

(1) If a body corporate commits an offence against this Act, every person who is a director of or who is concerned in the management of the body corporate is to be taken to have committed the same offence.

(2) It is a defence to a prosecution for an offence committed by virtue of subsection (1) if the defendant establishes that:

(a) the body corporate would have been able to establish a defence available to it;

(b) the act or omission that constituted the offence took place without the defendant's authority, permission or consent;

(c) the defendant did not know, and ought not reasonably be expected to have known, that the offence was to be or was being committed and took all reasonable steps to prevent or stop the commission of the offence; or

(d) the defendant could not by the exercise of reasonable diligence have prevented the commission of the offence by the body corporate.

(3) A person may be prosecuted for and found guilty of an offence by virtue of subsection (1) whether or not the body corporate has been prosecuted for or found guilty of the offence.



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