DISABILITY ACT 2006 - SECT 217 Persons who are liable for offences
DISABILITY ACT 2006 - SECT 217
Persons who are liable for offences(1) If two or more persons are responsible for the same offence against this Act each of those persons is liable to the penalty provided by this Act for that offence and the liability of each of them is independent of the liability of any other person.
(2) If a person who is guilty of an offence is a partnership or an unincorporated body the reference to a person must be construed as a reference to each member of the partnership or of the committee of management of the unincorporated body, as the case may be.
(3) It is a defence to a prosecution or other legal proceeding under this Act if the person charged with the offence proves that—
S. 217(3)(a) amended by No. 9/2023 s. 82.
(a) they did not know that an offence was being committed or consent to or connive in the commission of the offence; and
S. 217(3)(b) amended by No. 9/2023 s. 82.
(b) they used due diligence to prevent the commission of an offence.