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New section 25D in Principal Act.
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49.— The following section is inserted in the Principal Act after section 25C:
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“Liability of officers of bodies corporate.
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25D.—(1) Where—
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(a) an offence under this Act is committed by a body corporate, and
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(b) it is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of, a person who—
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(i) was a director, manager, secretary or other officer of the body corporate, or
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(ii) was a person purporting to act in any such capacity,
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that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if the person were guilty of the first-mentioned offence.
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(2) Where the affairs of a body corporate are managed by its members, subsection (1) of this section applies in relation to the acts and 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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(3) The foregoing provisions apply, with the necessary modifications, where the offence was committed by an unincorporated body.”.
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