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HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 53

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 53

53 .         Offences by bodies corporate and partnerships

        (1)         Where a body corporate is convicted of an offence under this Act, which in this subsection is referred to as the principal offence, then —

            (a)         where a person is or at a material time was —

                  (i)         an officer of, or a person occupying a position of authority in, that body corporate; or

                  (ii)         a person purporting to act in any such capacity,

                and that person was in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the principal offence, that person as well as the body corporate shall be deemed to have committed the principal offence; and

            (b)         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 the principal offence was not committed, a person who is or is deemed to be the licence supervisor in relation to any practice in respect of which that offence was committed shall be deemed to have committed the offence as well,

                and each shall be liable to the penalty that is prescribed for the principal offence.

        (2)         For the purposes of this section, in relation to a body corporate, a person shall be taken to be an officer of the body corporate if the person would be an officer within the meaning of the definition of that term contained in section 9 of the Corporations Act 2001 of the Commonwealth.

        (3)         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.

        (4)         Where proceedings for an offence under this Act are taken against a body corporate a person who by virtue of this section would be liable to a penalty as well as the body corporate may, on the request of the CEO, 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 CEO intended to make that request.

        (5)         Where this Act provides that a licensee commits an offence in specified circumstances the reference to the licensee shall be construed as a reference to each person who holds the licence or exemption.

        [Section 53 amended: No. 10 of 2001 s. 109; No. 17 of 2004 s. 35; No. 28 of 2006 s. 270(1).]

        [Heading inserted: No. 18 of 2004 s. 8.]

        [Heading inserted: No. 18 of 2004 s. 8.]