Waste and Resource Recovery Act 2022
49Liability of body corporate
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49 Liability of body corporate
(1) If a body corporate contravenes a provision of this Act, a person who is concerned in, or takes part in, the management of the body corporate is taken to have contravened that provision.
(2) It is a defence in proceedings in respect of a contravention referred to in subsection (1) for a person to prove that –
(a) the body corporate contravened the provision without the person’s knowledge; or
(b) the person was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(c) the person, if in a position to influence the conduct of the body corporate in relation to the contravention, attempted to prevent the contravention by the body corporate.
(3) A person referred to in subsection (1) may be convicted of a contravention of a provision of this Act whether or not the body corporate has been convicted of the contravention.
(4) Nothing in this section affects the liability of a body corporate for a contravention of a provision of this Act.