Western Australian Consolidated Acts

SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 90

90 .         Liability of officers

        (1)         Where a body corporate is to be treated as having committed an offence against this Act, each of the body’s officers is also to be treated as having committed the offence unless the officer proves that — 

            (a)         the offence was committed without the officer’s consent or connivance; and

            (b)         the officer exercised all such due diligence to prevent the commission of the offence as ought to have been exercised having regard to the nature of the officer’s functions and to all the circumstances.

        (2)         An officer of a body corporate may be proceeded against and convicted of an offence against this Act by virtue of section 89 and subsection (1) whether or not proceedings are taken against the body corporate or the licensee and whether or not the body corporate or licensee was convicted of the offence.

        [Section 90 amended by No. 4 of 2008 s. 70.]