(1) If a body
corporate commits an offence against this Act and it is proved
offence was committed with the consent or connivance of an officer of the body
officer of the body corporate failed to exercise all such due diligence to
prevent the commission of the offence as ought to have been exercised having
regard to the nature of the officer’s functions and to all the
the officer commits
the like offence.
(2) An officer may be
proceeded against and convicted of an offence against this Act by virtue of
subsection (1) whether or not the body corporate has been proceeded
against and convicted of the offence.
(3) In this section,
officer has the same meaning as in the Corporations Act 2001 of the
Commonwealth but does not include an employee of the body corporate unless the
officer was concerned in the management of the body corporate.
[Section 41A inserted by No. 11 of 1995
s. 54; amended by No. 10 of 2001 s. 220.]