92Liability of director, &c., if offence by body corporate

92 Liability of director, &c., if offence by body corporate

(1)  In this section –

officer has the same meaning as in the Corporations Act.

(2)  If –

(a) a body corporate commits an offence against this Act; and

(b) it is proved that the offence occurred with the consent or connivance of, or was attributable to any neglect on the part of, an officer of the body corporate or a person who was purporting to act as an officer of the body corporate –

that officer or person, as well as the body corporate, commits the offence.

(3)  An officer or other person referred to in subsection (2)(b) may be found guilty of the offence referred to in subsection (2) whether or not the body corporate is charged with or found guilty of the offence.