42Offences by body corporate

42 Offences by body corporate

(1)  In this section, a person is concerned in, or takes part in, the management of a body corporate if the person is one of the following persons:

(a) a director of the body corporate;

(b) a secretary of the body corporate;

(c) a person involved in managing the affairs of the body corporate, by whatever name called;

(d) a receiver and manager of property of the body corporate;

(e) an administrator of a deed of arrangement executed by the body corporate;

(f) a liquidator of the body corporate appointed in a voluntary winding-up of the body corporate;

(g) a trustee or other person administering a compromise or arrangement made between the body corporate and another person or other persons.

(2)  If a body corporate contravenes a provision of this Act, a person who is concerned in, or takes part in, the management of the body corporate is taken to have contravened that provision.

(3)  It is a defence in proceedings taken against a person who is concerned in, or has taken part in, the management of a body corporate in accordance with subsection (2) for the person to prove that –

(a) the body corporate contravened the provision without the person's knowledge; or

(b) the person was not in a position to influence the conduct of the body corporate in relation to its contravention of the provision; or

(c) the person, if in such a position, attempted to prevent the contravention by the body corporate.

(4)  A person may be convicted of a contravention of a provision of this Act in accordance with subsection (2) whether or not the body corporate has been convicted of, or charged with, its contravention.

(5)  Nothing in this section affects the liability imposed on a body corporate for an offence committed by it against a provision of this Act.