Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
officer means a director, manager, secretary or
other officer of a corporation or a person purporting to act in that capacity.
(2) Where a
corporation commits an offence under section 9A(1), 12A(1), 12C(1),
13A(1) or 15E(1) the following provisions apply —
(a) an
officer also commits that offence if it is proved that —
(i)
the offence was attributable to any neglect on the part
of the officer; or
(ii)
the officer consented to or connived in the acts or
omissions to which section 8B(2)(a)(ii) applied that were proved against
the corporation,
in circumstances where
the officer —
(iii)
knew that the contravention would be likely to cause the
death of, or serious harm to, a person to whom a duty was owed; but
(iv)
acted or failed to act as mentioned in
subparagraph (i) or (ii) in disregard of that likelihood;
(b) if
paragraph (a) does not apply, an officer commits an offence under
section 9A(2), 12A(2), 12C(2), 13A(2) or 15E(2), as the case may require,
if it is proved that the offence of the corporation —
(i)
occurred with the consent or connivance of the officer;
or
(ii)
was attributable to any neglect on the part of the
officer.
(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 100A inserted by No. 68 of 2004
s. 36.]