41Offences by a body corporate

41 Offences by a body corporate

(1) If a body corporate contravenes any provision of this Act, each officer (within the meaning of section 9 of the Corporations Act) of the body corporate who knowingly authorised or permitted the contravention is taken to have contravened the same provision.

S. 41(2) amended by No. 55/2016 s. 9(22)(c).

(2) Subsection (1) does not apply to an offence against section 6(2D), 7(5), 8(3), 9(5), 13A(2A), 15M(1) or (1A) or 15S(2).

(3) A person may be proceeded against and convicted under a provision in accordance with subsection (1), whether or not the body corporate has been proceeded against or convicted under that provision.

(4) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act.

S. 41AA inserted by No. 49/2009 s. 48.

41AA Conduct by officers, employees or agents

(1) For the purposes of any proceedings under this Act, any conduct engaged in on behalf of a body corporate is deemed to have been engaged in also by the body corporate if the conduct was engaged in by an employee, agent or officer (within the meaning of section 9 of the Corporations Act) of the body corporate within the scope of the actual or apparent authority of the employee, agent or officer.

(2) If, in any proceedings under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—

(a) that the conduct was engaged in by an officer of the body corporate within the scope of the officer's actual or apparent authority and the officer had that state of mind; or

(b) that the conduct was engaged in by an agent of the body corporate and—

(i) the agent acted at the specific direction or with the specific consent or agreement of the body corporate; or

(ii) the agent had that state of mind; or

(iii) the body corporate was aware of the agent's state of mind when the conduct was engaged in.

(3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.

S. 41A inserted by No. 31/2002 s. 11.