42EOffences by corporations

42E Offences by corporations

42E Offences by corporations

(1) This section applies if a corporation commits an offence against this Act or the regulations.

(2) Each of the following persons is taken to have committed the same offence if the person knowingly authorised or permitted the act or omission constituting the offence—

(a) a director of the corporation,

(b) another person concerned in the management of the corporation.

(3) Subsection (2) does not apply to an offence against section 42BA(3).

(4) Proceedings may be brought against a person mentioned in subsection (2), and the person convicted, whether or not—

(a) proceedings are brought against the corporation, or

(b) the corporation is convicted of an offence.

(5) This section does not affect any liability imposed on a corporation for an offence committed by the corporation.

s 42E: Ins 2022 No 9, Sch 5.5[10].