143Person responding to enquiry or request from Secretary does not contravene duty of confidentiality

143 Person responding to enquiry or request from Secretary does not contravene duty of confidentiality

A person in responding to an enquiry or a request for advice or information from the Secretary under section 18, 40, 58, 81, 97, 104, 109 or 142 does not contravene any duty of confidentiality imposed on the person by or under any Act (including the Judicial Proceedings Reports Act 1958) or agreement, despite anything to the contrary in that Act or agreement.

Chapter 8—General

Part 8.1—Offences committed by bodies corporate or unincorporated bodies, associations and partnerships

144 Offences by bodies corporate

(1) In a proceeding against a body corporate for an offence against a provision of this Act, it is a defence to the charge if, at the time the offence is alleged to have been committed, the body corporate had taken all reasonable steps to have systems in place within the body corporate to ensure compliance with the relevant provision.

(2) If a body corporate commits an offence against a provision specified in subsection (3), an officer of the body corporate also commits an offence against the provision.

(3) For the purposes of subsection (2), the following provisions are specified—

(a) section 123(1);

(b) section 124(1).

(4) An officer of a body corporate does not commit an offence against a provision specified in subsection (3) if—

(a) the officer presents or points to evidence that suggests a reasonable possibility that the officer exercised due diligence to prevent the commission of the offence by the body corporate; and

(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.

(5) In determining whether an officer of a body corporate exercised due diligence, a court may have regard to—

(a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and

(b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and

(c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and

(d) any other relevant matter.

(6) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.