126Corporate criminal responsibility for certain offences against this Act

126 Corporate criminal responsibility for certain offences against this Act

(1) For the purposes of a proceeding against a body corporate for an offence against a specified section—

(a) relevant conduct engaged in by an associate of the body corporate must also be attributed to the body corporate; and

(b) knowledge of an associate of the body corporate must also be attributed to the body corporate.

(2) If an officer of a body corporate contravenes a specified section, the body corporate must be taken to have also contravened that section and may be proceeded against and found guilty of an offence against that section whether or not the officer has been proceeded against or found guilty of that offence.

(3) In a proceeding against a body corporate for an offence against a specified section, brought in reliance on subsection (2), it is a defence to the charge for the body corporate to prove that it exercised due diligence to prevent the contravention of that section by the officer.

(4) It is not necessary that each element of an offence against a specified section that is attributed to a body corporate by force of subsection (1) be supplied by the same associate of the body corporate.

Division 2—Service