DANGEROUS GOODS ACT 1985 - SECT 46 Offences by bodies corporate and partnerships etc.
DANGEROUS GOODS ACT 1985 - SECT 46
Offences by bodies corporate and partnerships etc.S. 46(1) amended by No. 44/2001 s. 3(Sch. item 29.3).
(1) Where an offence against this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any wilful neglect on the part of, an officer of the body corporate or person purporting to act as such an officer, that officer or person is also guilty of that offence and liable to the penalty for that offence.
S. 46(2) amended by No. 44/2001 s. 3(Sch. item 29.3).
(2) When in any proceedings under this Act it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention.
S. 46(3) amended by No. 44/2001 s. 3(Sch. item 29.3).
(3) In respect of any legal proceedings for an offence by a body corporate against this Act any statement made by an officer of the body corporate shall be admissible as evidence against the body corporate.
(4) Where this Act provides that a person, being a partnership or an unincorporated association, is guilty of an offence, that reference to the person shall—
(a) in the case of a partnership—be read as a reference to each member of the partnership; and
(b) in the case of an unincorporated association—be read as a reference to each member of the committee of management of the association.
S. 46(5) inserted by No. 44/2001 s. 3(Sch. item 29.4).
(5) For the purposes of subsection (3), "officer" includes an employee of a body corporate who gives to an inspector any information relating to any part of the operations of the body corporate over which the employee exercises any superintendence or control.