(1) If the offender is a body corporate and the court is satisfied—
(a) that the body will not be able to pay an appropriate fine; and
(b) that immediately before the commission of the offence there were reasonable grounds to believe that the body would not be able to meet any liabilities that it incurred at that time—
the court may, on the application of the informant or police prosecutor, declare that any person who was a director of the body corporate at the time of the commission of the offence is jointly and severally liable for the payment of the fine.
(2) The court must not make a declaration under subsection (1) in respect of a director who satisfies it, on the hearing of the application, that—
(a) at the time of the commission of the offence he or she had reasonable grounds for believing and did believe that the body corporate would be able to meet any liabilities that it incurred at that time; and
(b) he or she had taken all reasonable steps in carrying on the business of the body corporate to ensure that it would be able to meet its liabilities as and when they became due.
Division 2—Instalment orders and
time to pay orders
S. 56 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48).