Western Australian Current Acts

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41A .         Offence by body corporate, liability of officers for

        (1)         If a body corporate commits an offence against this Act and it is proved that —

            (a)         the offence was committed with the consent or connivance of an officer of the body corporate; or

            (b)         an 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 circumstances,

                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.]

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