Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an offence
under this Act is found to have been committed in the course of the business
carried on under a Dealer’s Licence, a Repairer’s Licence or a
Manufacturer’s Licence by a body corporate, then —
(a) if
the offence is found —
(i)
to have been committed with the consent or connivance of;
or
(ii)
to be attributable to any failure to take all reasonable
steps to secure compliance by the body corporate with this Act on the part of,
any officer or other
person concerned in the management of the body corporate, or any person
purporting to act in any such capacity, that person as well as the body
corporate is liable accordingly and is deemed to have committed an offence;
and
(b)
where the offence was committed by an agent or employee of the body corporate,
unless it is proved that —
(i)
such direction had been given; and
(ii)
such supervision had been exercised or caused to be
exercised,
as were reasonably
necessary to ensure that an offence against this Act was not committed, the
person responsible to the body corporate for the management of any premises in
respect of which the offence was committed is deemed to have also committed an
offence,
and each is liable to
the same penalty as is prescribed for the principal offence.
(2) A person referred
to in subsection (1) may, on the request of the prosecutor, be convicted
on the proceedings on which the body corporate is convicted if the court is
satisfied that the person had reasonable notice that the prosecutor intended
to make that request.
(3) In this
section —
officer , in relation to a body corporate,
includes a person who is an officer of the body corporate within the meaning
of section 9 of the Corporations Act 2001 of the Commonwealth.
(4) Where the affairs
of a body corporate are managed by its members, subsection (1) applies in
relation to the acts and defaults of a member in connection with functions of
management as if the member were a director of the body corporate.
(5) Where this Act
provides that the holder of a licence, permit or approval commits an offence
in specified circumstances —
(a) any
reference to the holder is a reference to each person who holds the licence,
permit or approval; and
(b) if
that licence, permit or approval is held by a person who is a member of a
partnership which is directly or indirectly interested in the business
conducted under that licence, permit or approval, or the profits or proceeds
of the business, each member of the partnership is liable for the offence.
[Section 21B inserted by No. 59 of 1996
s. 23; amended by No. 10 of 2001 s. 220; No. 84 of 2004
s. 80.]