Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an offence
under this Act which has been committed by a body corporate is proved to have
been committed with the consent or connivance of, or to be attributable to any
neglect on the part of, any director or member of the governing authority of
the body corporate, or the manager, secretary or other similar officer of the
body corporate, or any person who was purporting to act in that capacity, he
as well as the body corporate shall be deemed to have committed that offence
and may be convicted and punished accordingly.
(2) Where in any
proceedings under this Act in respect of any act or thing done by a body
corporate it is necessary to establish the intention of the body corporate, it
is sufficient to show that a person who was concerned or took part in the
management, or a servant or agent, of the body corporate by whom the relevant
act or thing was done had that intention.
(3) Any act done or
course of conduct engaged in on behalf of a body corporate by a person who was
concerned or took part in the management, or an agent or servant, of the body
corporate or by another person at the direction or with the consent or
agreement (whether express or implied) of such a person, agent or servant
shall be deemed, for the purposes of this Act, to have been done or engaged in
also by the body corporate.