Northern Territory Consolidated Acts Northern Territory Consolidated Acts91. Director may be liable for offence of body corporate
(1) Where 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 had, under this Act, a defence to the offence that the defendant is, apart from this section, to be taken to have committed;
(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 proceeded against and found guilty under a provision in pursuance of subsection (1) whether or not the body corporate has been proceeded against or found guilty under the provision.
(4) Notwithstanding anything in this Act or the Environmental Offences and Penalties Act , a person is not liable to be punished by imprisonment for an offence if the person would not have been found guilty of the offence except for subsection (1).