(1) In this
section —
“officer” , in relation to a body
corporate, 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
employee was concerned in the management of the body corporate.
(2) If a body
corporate is charged with an offence under this Act, each person who was an
officer of the body corporate at the time of the alleged offence may also be
charged with the offence.
(3) If a body
corporate and an officer are charged as permitted by subsection (2) and
the body corporate is convicted of the offence, the officer is to be taken to
have also committed the offence, subject to subsection (6).
(4) If a body
corporate commits an offence under this Act, then, although the body corporate
is not charged with the offence, every person who was an officer of the body
corporate at the time the offence was committed may be charged with the
offence.
(5) If an officer is
charged as permitted by subsection (4) and it is proved that the body
corporate committed the offence, the officer is to be taken to have also
committed the offence, subject to subsection (6).
(6) If under this
section an officer is charged with an offence it is a defence to prove
that —
(a) the
offence was committed without the officer’s consent or connivance; and
(b) the
officer took all the measures to prevent the commission of the offence that
the officer could reasonably be expected to have taken having regard to the
officer’s functions and to all the circumstances.