42Effect of offences committed by body corporate

42 Effect of offences committed by body corporate

(1)  In this section –

officer has the same meaning as in the Corporations Act.

(2)  If a body corporate commits an offence under this Act, each officer of the body corporate or another person concerned in the management of the body corporate is also taken to have committed the offence, except where it is proved that the officer or other person could not have prevented the commission of the offence by the exercise of reasonable diligence.

(3)  An officer of a body corporate or another person may be found guilty in respect of an offence in accordance with subsection (2) whether or not the body corporate is charged with, or found guilty of, the offence.