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 S. 41(3)(4) repealed by No. 65/2007 s. 106.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 item 161.4(a)(b)), repealed by No. 65/2007 s. 106.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 (b) any other person at the specific direction or with the specific consent or agreement of an officer of the body corporate, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer. (3) If, in any proceedings under this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show— (a) that the conduct was engaged in by an employee of that person within the scope of the employee's actual or apparent authority and the employee had that state of mind; or (b) that the conduct was engaged in by an agent of the person and— (i) the agent acted at the specific direction or with the specific consent or agreement of the person; and (ii) the agent had that state of mind; and (iii) the person was aware of the agent's state of mind when the conduct was engaged in. (4) For the purposes of any proceedings under this Act, any conduct engaged in on behalf of a person other than a body corporate (***the principal***) is deemed to have been engaged in also by the principal if the conduct was engaged in by— (a) an employee of the principal within the scope of the employee's actual or apparent authority; or (b) any other person at the specific direction or with the specific consent or agreement of an employee of the principal, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee. (5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose. S. 41AC (Heading) amended by No. 68/2009 s. 97(Sch. item 95.6) S. 41AC inserted by No. 65/2007 s. 107, amended by Nos 68/2009 s. 97(Sch. item 95.7), 17/2016 s. 19. 41AC Time for charging certain offences under this Act Despite anything to the contrary in section 7(1) of the **Criminal Procedure Act 2009**, proceedings for any offence under section 9, section 10, section 13, Part 3 or any regulations relating to Part 3 may be commenced within the period of three years after the date on which the alleged offence was committed. S. 41A inserted by No. 103/2003 s. 43.