TOBACCO ACT 1987 - SECT 41 Offences by a body corporate
TOBACCO ACT 1987 - SECT 41
Offences by a body corporate(1) If a body corporate contravenes any provision of this Act, each officer (within the meaning of section 9 of the Corporations Act) of the body corporate who knowingly authorised or permitted the contravention is taken to have contravened the same provision.
S. 41(2) amended by No. 55/2016 s. 9(22)(c).
(2) Subsection (1) does not apply to an offence against section 6(2D), 7(5), 8(3), 9(5), 13A(2A), 15M(1) or (1A) or 15S(2).
(3) A person 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 convicted under that provision.
(4) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act.
S. 41AA inserted by No. 49/2009 s. 48.