Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a body
corporate contravenes a provision of this Act, whether by act or omission,
each person who is a director of the body corporate or who is concerned in the
management of the body corporate contravenes the same provision unless the
person satisfies the court that —
(a) the
body corporate contravened the provision without the knowledge of the person;
and
(b) the
person —
(i)
was not in a position to influence the conduct of the
body corporate in relation to its contravention of the provision; or
(ii)
being in such a position, used all due diligence to
prevent the contravention by the body corporate.
(2) A person may be
proceeded against and convicted under a provision because of
subsection (1) whether or not the body corporate has been proceeded
against or convicted under that provision.
(3) Nothing in this
section prejudices or affects any liability imposed by this Act on any body
corporate by which an offence against this Act is actually committed.