has been prosecuted for, or found guilty of, an offence against that provision. (5) 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. (6) This section does not affect the operation of S. 53A(6) substituted by Subdivision (1) of Division 1 of Part II of the No. 20/2015 Crimes Act 1958. s. 56(Sch. 1 item 9). (7) This section does not apply at any time when a nominee of the body corporate is in place under section 54. (8) Nothing in subsection (7) affects or limits the application of Part 6. 53B Criminal liability of officers of bodies S. 53B inserted by to exercise due diligence No. 13/2013 s. 27. (1) If a body corporate commits an offence against a provision specified in subsection (2) or a body corporate is under section 106A(3) liable for such an offence, an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate.
has been prosecuted for, or found guilty of, an offence against that provision. (5) 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. S. 53A(6) substituted by No. 20/2015 s. 56(Sch. 1 item 9). (6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958. (7) This section does not apply at any time when a nominee of the body corporate is in place under section 54. (8) Nothing in subsection (7) affects or limits the application of Part 6. S. 53B inserted by No. 13/2013 s. 27. 53B Criminal liability of officers of bodies to exercise due diligence (1) If a body corporate commits an offence against a provision specified in subsection (2) or a body corporate is under section 106A(3) liable for such an offence, an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate.