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Liability for offences by bodies corporate
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82. (1) If an offence under this Act is committed by a body corporate and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to neglect on the part of, a director, manager, secretary or other officer of the body corporate or a person purporting to act in any of those capacities, that person, as well as the body corporate, commits the offence (whether or not the body corporate is prosecuted for it).
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(2) In a prosecution of a person for an offence by virtue of subsection (1), if it is proved that at the material time the person was or purported to act as a director of the body corporate or an employee whose duties included making decisions that could have significantly affected the management of the body corporate, it shall be presumed unless and until the contrary is shown (the burden of proof being an evidential one only) that the person consented to the acts or defaults that constitute the offence.
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(3) If the affairs of a body corporate are managed by its members, subsections (1) and (2) apply in relation to the acts or defaults of a member in connection with the member’s functions of management as if the member were a director or manager of the body corporate.
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(4) If a body corporate commits an offence under this Act, an employee, officer, director or agent of the body corporate who authorises, permits or acquiesces in the commission of the offence also commits the offence (whether or not the body corporate is prosecuted for it).
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(5) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, officer, director or agent of the defendant, whether or not the employee, officer, director or agent is identified or has been prosecuted for the offence.
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(6) Subsection (5) does not apply if the defendant establishes that the defendant exercised due diligence to prevent the commission of the offence.
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