the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and other relevant matter. (5) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (6) 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. (7) In this section— has the same meaning as in body corporate section 55A; in relation to a body corporate, has the officer same meaning as in section 55A. 56 Defence to charge S. 56 amended by No. 13/2013 s. 15 (ILA s. 39B(1)). s. 56 (1) It is a defence to a prosecution or other legal proceeding under this Act if the person charged with the offence proves that— or she used due diligence to prevent the commission of an offence; and or she did not know that an offence was being committed or consent to or connive in the commission of the offence. S. 56(2) inserted by No. 13/2013 s. 15.
the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and other relevant matter. (5) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (6) 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. (7) In this section— body corporate has the same meaning as in section 55A; officer in relation to a body corporate, has the same meaning as in section 55A. 56 Defence to charge S. 56 amended by No. 13/2013 s. 15 (ILA s. 39B(1)). s. 56 (1) It is a defence to a prosecution or other legal proceeding under this Act if the person charged with the offence proves that— or she used due diligence to prevent the commission of an offence; and or she did not know that an offence was being committed or consent to or connive in the commission of the offence. S. 56(2) inserted by No. 13/2013 s. 15.
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