the officer bears the same burden of proof that the body corporate would bear. (5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (6) In this section— has the same meaning as body corporate corporation has in section 57A of the Corporations Act; in relation to a body corporate means— officer (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. 129 Penalties to be paid to prosecuting authority If an offence against this Act has been prosecuted by a responsible authority, all penalties recovered in relation to the offence must be paid to it. 130 Planning infringements S. 130(1) (1) An authorised officer of a responsible authority amended by may serve a planning infringement notice on any No. 86/1989 person, if the authorised officer has reason to s. 18(1). believe that the person has committed an offence against section 126 in an area for which the authority is responsible.
the officer bears the same burden of proof that the body corporate would bear. (5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (6) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. 129 Penalties to be paid to prosecuting authority If an offence against this Act has been prosecuted by a responsible authority, all penalties recovered in relation to the offence must be paid to it. 130 Planning infringements S. 130(1) amended by No. 86/1989 s. 18(1). (1) An authorised officer of a responsible authority may serve a planning infringement notice on any person, if the authorised officer has reason to believe that the person has committed an offence against section 126 in an area for which the authority is responsible.