Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a
corporation commits an offence under this Act, other than an offence to which
section 100A applies, and it is proved that the offence occurred with the
consent or connivance of, or was attributable to any neglect on the part of,
any director, manager, secretary or other officer of the body, or any person
who was purporting to act in any such capacity, that person, as well as the
corporation, commits that offence.
(2) Where the affairs
of a corporation are managed by its members, subsection (1) and
section 100A apply in relation to the acts and defaults of a member in
connection with the member’s functions of management as if the member
were a director of the corporation.
(3) A person convicted
of an offence by virtue of this section is liable to the penalty to which an
individual who is convicted of that offence is liable.
[Section 100 amended by No. 68 of 2004
s. 35.]