166Liability of directors, &c.

166 Liability of directors, &c.

If an offence under this Act is committed by a company, each person who is, at the time of the commission of the offence, a director, manager, secretary or other similar officer of the company or who is acting or purporting to act as such is guilty of that offence unless that person proves that –

(a) the offence was committed without his or her consent; and

(b) he or she exercised such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and the circumstances in which the offence was committed.