sec.37Liability for offence by body corporate

### sec.37 Liability for offence by body corporate Where a body corporate commits an offence against this Act then, without derogating from the Criminal Code , section 7 , each of the following persons shall be deemed to have committed the offence and, notwithstanding the Criminal Code , section 23 , to be criminally responsible for the act or omission concerned therein and may be charged with the offence and punished accordingly— every person who at the time the offence is committed was a director or other member of the governing body thereof by whatever name called; and every person who at the time the offence is committed manages or takes part in the management of the business in Queensland thereof. This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. It is a defence to a charge for an offence against this Act brought against a person specified in subsection (1) (a) or (b) to prove that the offence was committed without the person’s consent or connivance and that the person exercised due diligence to prevent the commission of the offence. (sec.37-ssec.1) Where a body corporate commits an offence against this Act then, without derogating from the Criminal Code , section 7 , each of the following persons shall be deemed to have committed the offence and, notwithstanding the Criminal Code , section 23 , to be criminally responsible for the act or omission concerned therein and may be charged with the offence and punished accordingly— every person who at the time the offence is committed was a director or other member of the governing body thereof by whatever name called; and every person who at the time the offence is committed manages or takes part in the management of the business in Queensland thereof. (sec.37-ssec.2) This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. (sec.37-ssec.3) It is a defence to a charge for an offence against this Act brought against a person specified in subsection (1) (a) or (b) to prove that the offence was committed without the person’s consent or connivance and that the person exercised due diligence to prevent the commission of the offence. - (a) every person who at the time the offence is committed was a director or other member of the governing body thereof by whatever name called; and - (b) every person who at the time the offence is committed manages or takes part in the management of the business in Queensland thereof.