Tasmanian Assessment, Standards and Certification Act 2003
66Offences by body corporate and director, &c.
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66 Offences by body corporate and director, &c.
(1) If a body corporate commits an offence against this Act, a director or other person concerned in the management of the body corporate is taken to have committed that offence also.
(2) It is a defence in proceedings under subsection (1) for the director or person to show that –
(a) the body corporate contravened the provision without the knowledge of the director or person; or
(b) the director or person was not in a position to influence the conduct of the body corporate in relation to its contravention of the provision; or
(c) the director or person, if in that position, used all due diligence to prevent the contravention by the body corporate.
(3) A director or person may be proceeded against and convicted in relation to an offence against this Act by reason of this section whether or not the body corporate has been proceeded against or convicted.