Tasmanian Consolidated Acts

WORKPLACE HEALTH AND SAFETY ACT 1995 - SECT 53

      (1) If a body corporate contravenes or fails to comply with any provision of this Act, each director of the body corporate is taken to have contravened or failed to comply with the same provision unless the director satisfies the court that –

(a) the body corporate contravened or failed to comply with that provision without the director's knowledge and that the director was not reasonably able to have acquired that knowledge; or

(b) the director used all due diligence to prevent the contravention or failure to comply by the body corporate.

      (2) A director may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against or has been convicted under that provision.

      (3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act.