Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a
corporation within the meaning of the Corporations Act 2001 of the
Commonwealth or any other body of persons, corporate or unincorporate, is
convicted of an offence against this Act, each person who, at the time of the
commission of that offence, was a director of the corporation or was the
manager, secretary or other similar officer of that body, or who purported to
act in any such capacity, is also guilty of an offence unless he
proves —
(a) that
the offence was committed without his knowledge, or that he did not authorise
or permit the commission of the offence; and
(b) that
he was not in a position to influence the conduct of that corporation or body
or, being in such a position, could not by the exercise of reasonable
diligence have prevented the commission of the offence,
and is liable to a
penalty not exceeding the penalty prescribed for the offence of which the
corporation or body was convicted.
(2) Where the affairs
of a body of persons are managed by its members, subsection (1) applies
in relation to the acts and defaults of a member in connection with his
function of management as if he were the manager of that body.
(3) Where the employee
or agent of a person is convicted of an offence against this Act, each person
who, at the time of the commission of the offence, was his employer or
principal is also guilty of an offence, unless he proves that he could not by
the exercise of reasonable diligence have prevented the commission of the
offence of which his employee or agent was convicted, and is liable to a
penalty not exceeding the penalty prescribed for the offence of which the
employee or agent was convicted.
(4) Where a person has
committed an offence against Division 1 of Part II, or would have
committed an offence but for the fact that he could establish a defence under
section 83(1), and the contravention, or what would have constituted the
contravention, was due to the act or default of another person —
(a) that
other person —
(i)
is also guilty of an offence and liable to the same
penalty as is provided for the offence against Division 1 of Part II; and
(ii)
may be charged and convicted of the offence, whether or
not proceedings are taken against the first-mentioned person for the offence
against Division 1 of Part II;
and
(b) the
first-mentioned person shall be a competent and compellable witness in any
proceedings taken against that other person in respect of the offence.
[Section 81 amended by No. 10 of 2001
s. 75.]