72Offences by corporations and partnerships etc.

72 Offences by corporations and partnerships etc.

S. 72(1)–(3) repealed by No. 13/2013 s. 3.

(4) When in any proceedings under this Act it is necessary to establish the intention of a corporation, it is sufficient to show that a servant or agent of the corporation had that intention.

(5) In respect of any proceedings for an offence by a corporation against this Act any statement made by an officer of the corporation is admissible as evidence against the corporation.

(6) If a person who is a partner in a partnership commits an offence against this Act or the regulations in the course of the activities of the partnership, each other person who is a partner in the partnership is also guilty of the offence and liable to the penalty for it.

(7) If a person who is concerned in the management of an unincorporated association commits an offence against this Act or the regulations in the course of the activities of the unincorporated association, each other person who is at the time of the commission of the offence concerned in the management of the unincorporated association is also guilty of the offence and liable to the penalty for it.

(8) It is a defence to a charge brought under subsection (6) or (7) if the person charged proves that—

(a) the commission of the offence occurred without the knowledge of the person; or

(b) the person was not in a position to influence the conduct of the person who committed the offence; or

(c) the person, being in a position to influence that conduct, used all reasonable diligence to prevent the commission of the offence; or

(d) the person who committed the offence would not have been found guilty of it because of a defence available under this Act or the regulations.

S. 72(9) amended by No. 44/2001 s. 3(Sch. item 3), repealed by No. 13/2013 s. 3.

S. 72A inserted by No. 13/2013 s. 4.