105Offences by the corporation

105 Offences by the corporation

(1)  [Section 105 Subsection (1) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] [Section 105 Subsection (1) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] [Section 105 Subsection (1) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] If the Corporation contravenes, whether by act or omission, any provision of this Act, each person who is a director of the Corporation or who is concerned in the management of the Corporation is taken to have contravened the same provision, unless the person satisfies the court that –

(a) [Section 105 Subsection (1) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] the Corporation contravened the provision without the person's actual, imputed or constructive knowledge; or

(b) [Section 105 Subsection (1) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] the person was not in a position to influence the conduct of the Corporation in relation to its contravention of the provision; or

(c) [Section 105 Subsection (1) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] the person, if in such a position, used reasonable due diligence to prevent the Corporation's contravention of the provision.

(2)  [Section 105 Subsection (2) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] A person may be proceeded against and convicted in respect of such a contravention pursuant to this section whether or not the Corporation has been proceeded against or convicted in respect of that contravention.

(3)  [Section 105 Subsection (3) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] [Section 105 Subsection (3) amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013] Nothing in this section affects the Corporation's liability for an offence committed by the Corporation against this Act.