31Offences by bodies corporate

31 Offences by bodies corporate

(1) If an offence against this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any wilful neglect on the part of, an officer of the body corporate or a person purporting to act as an officer, that officer or person is also guilty of that offence and liable to the penalty for that offence.

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

(3) In subsection (1) officer in relation to a body corporate means—

(a) a director, secretary or executive officer of the body corporate; or

(b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or

(c) a person concerned in the management of the body corporate.

S. 31A inserted by No. 31/2005 s. 31.