78Liability of executive officers of body corporate

78 Liability of executive officers of body corporate

(1)  If a body corporate commits an offence against this Act, each person concerned in the management of the body corporate is taken to have also committed the offence and may be convicted of the offence unless the person shows –

(a) that the body corporate would not have been found guilty of the offence because it would have been able to establish a defence; or

(b) that the person could not reasonably be expected to have known, and did not know, that the act or omission constituting the offence would take place; or

(c) that the person used all due diligence to prevent that act or omission by the body corporate.

(2)  A person referred to in subsection (1) may be convicted of an offence against this Act whether or not the body corporate is charged with or convicted of the offence.

(3)  If a person concerned in the management of the body corporate (in this subsection called the "offending person") commits an offence against this Act in the course of the activities of the body corporate, each other person concerned in the management of the body corporate is taken to have also committed the offence and may be convicted of the offence unless that other person shows –

(a) that the offending person would not have been found guilty of the offence because he or she would have been able to establish a defence; or

(b) that the other person could not reasonably be expected to have known, and did not know, that the act or omission constituting the offence would take place; or

(c) the other person used all due diligence to prevent that act or omission by the offending person.