(1) If a body corporate commits an offence against a provision specified in subsection (2), 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. (2) For the purposes of subsection (1), the following provisions are specified— 85; 86; 87; 88; 90. (3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to— the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and other relevant matter. (4) Without limiting any defence available to the officer, an officer of a body corporate may rely on
(1) If a body corporate commits an offence against a provision specified in subsection (2), 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. (2) For the purposes of subsection (1), the following provisions are specified— 85; 86; 87; 88; 90. (3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to— the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and other relevant matter. (4) Without limiting any defence available to the officer, an officer of a body corporate may rely on
17-061a.docx