Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a body
corporate is guilty of an offence under this Act 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 he or
she, as well as the body corporate, is guilty of that offence.
(1a) Despite
subsection (1), if a body corporate is guilty of an offence under
section 19A(1), 21A(1), 21C(1), 22A(1), 23AA(1), 23B(1) or 23H(1) the
following provisions apply —
(a) a
person referred to in subsection (1) is guilty of that offence if it is
proved that —
(i)
the offence was attributable to any neglect on the part
of the person; or
(ii)
the person consented to or connived in the acts or
omissions to which section 18A(2)(a)(ii) applied that were proved against
the body corporate,
in circumstances where
the person —
(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, a person referred to in subsection (1)
is guilty of an offence under section 19A(2), 21A(2), 21C(2), 22A(2),
23AA(2), 23B(2) or 23H(2), as the case may require, if it is proved that the
offence of the body corporate —
(i)
occurred with the consent or connivance of the person; or
(ii)
was attributable to any neglect on the part of the
person.
(1b) A person
convicted of an offence by virtue of subsection (1) or (1a) is liable to
the penalty to which an individual who is convicted of that offence is liable.
(2) Where the affairs
of a body corporate are managed by its members, subsections (1) and (1a)
shall apply in relation to the acts and defaults of a member in connection
with his or her functions of management as if he or she were a director of the
body corporate.
[Section 55 inserted by No. 43 of 1987
s. 13; amended by No. 51 of 2004 s. 34, 102(1) and (2).]