83Liability of executive officers of body corporate

83 Liability of executive officers of body corporate (1) If a body corporate commits an offence against this Act, each of the executive officers of the body corporate is taken to have committed the same offence. (2) However, it is a defence for an executive officer to establish: (a) the body corporate would not have been found guilty of the offence because it would have been able to establish a defence; (b) the defendant did not know, and could not reasonably have been expected to know, that the offence was to be or was being committed; or (c) the defendant exercised due diligence to prevent the commission of the offence. (3) A proceeding for an offence against this Act may be brought against an executive officer of a body corporate whether or not a proceeding for the offence is brought against the body corporate. (4) A person is not liable to be punished by imprisonment for an offence against this Act if the person would not have been found guilty of the offence if subsection (1) had not been enacted. Division 3 Proceedings generally