41Liability for offences

41 Liability for offences

(1) If two or more persons are guilty of an offence under this Act or the regulations each of those persons is liable to the penalty for that offence without affecting the liability of any other person.

(2) Any person who aids or abets the commission of an offence under this Act or the regulations is guilty of the offence.

S. 41(3)(4) repealed by No. 65/2007 s. 106.

(5) If this Act provides or the regulations provide that a person, being a partnership or an unincorporated body, is guilty of an offence, that reference to a person is to be construed as a reference to each member of the partnership or of the committee of management of the unincorporated body (as the case may be).

S. 41(6) amended by No. 57/1989 s. 3(Sch. item 161.4(a)(b)), repealed by No. 65/2007 s. 106.

S. 41AA inserted by No. 65/2007 s. 107.

41AA Offences by bodies corporate

(1) If a body corporate contravenes any provision of this Act, each officer of the body corporate is deemed to have contravened the same provision if the officer knowingly authorised or permitted the contravention.

(2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against under that provision.

(3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act.

S. 41AB inserted by No. 65/2007 s. 107.

41AB Conduct by officers, employees or agents

(1) If, in any proceedings under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—

(a) that the conduct was engaged in by an officer of that body corporate within the scope of the officer's actual or apparent authority and the officer had that state of mind; or

(b) that the conduct was engaged in by an agent of the body corporate and—

(i) the agent acted at the specific direction or with the specific consent or agreement of the body corporate; and

(ii) the agent had that state of mind; and

(iii) the body corporate was aware of the agent's state of mind when the conduct was engaged in.

(2) For the purposes of any proceedings under this Act, any conduct engaged in on behalf of a body corporate is deemed to have been engaged in also by the body corporate if the conduct was engaged in by—

(a) an officer of the body corporate within the scope of the officer's actual or apparent authority; or