s. 240 (3) If a body corporate is guilty of an offence against this Act or any regulation or local law any person who is concerned in or takes part in the management of that body corporate is also guilty of that offence and liable to the penalty for that offence. (4) It is a defence to a charge against a person who is concerned in or takes part in the management of a body corporate if that person proves that— (a) the offence was committed by the body corporate without the consent or knowledge of that person; and (b) that person exercised due diligence to prevent the commission of the offence. S. 239(5) * * * * * repealed by No. 13/1990 s. 30. 240 Penalties * * * * * S. 240(1) repealed by No. 64/2009 s. 34. (2) Unless expressly provided to the contrary any S. 240(2) penalty recovered for an offence against this Act amended by No. 109/2003 or any regulation or local law made under this Act s. 72(2)(d). must be paid to— (a) the Council which recovered the penalty; or (b) the Council on whose behalf the penalty was recovered. S. 240A 240A Imposition of a surcharge inserted by No. 109/2003 s. 75. (1) This section applies if section 76 or 228 do not S. 240A(1) substituted by apply and the Secretary considers that— No. 67/2008 s. 82(1).
(3) If a body corporate is guilty of an offence against this Act or any regulation or local law any person who is concerned in or takes part in the management of that body corporate is also guilty of that offence and liable to the penalty for that offence. (4) It is a defence to a charge against a person who is concerned in or takes part in the management of a body corporate if that person proves that— (a) the offence was committed by the body corporate without the consent or knowledge of that person; and (b) that person exercised due diligence to prevent the commission of the offence. S. 239(5) repealed by No. 13/1990 s. 30. * * * * * 240 Penalties s. 240 S. 240(1) repealed by No. 64/2009 s. 34. * * * * * S. 240(2) amended by No. 109/2003 s. 72(2)(d). (2) Unless expressly provided to the contrary any penalty recovered for an offence against this Act or any regulation or local law made under this Act must be paid to— (a) the Council which recovered the penalty; or (b) the Council on whose behalf the penalty was recovered. S. 240A inserted by No. 109/2003 s. 75. 240A Imposition of a surcharge S. 240A(1) substituted by No. 67/2008 s. 82(1). (1) This section applies if section 76 or 228 do not apply and the Secretary considers that—