(1) If a body corporate (including a body corporate representing the Crown) contravenes a provision of this Act or the regulations and the contravention is attributable to an officer of the body corporate failing to take reasonable care, the officer is guilty of an offence and liable to a fine not exceeding the maximum fine for an offence constituted by a contravention by a natural person of the provision contravened by the body corporate. (2) An offence against subsection (1) is summary or indictable in nature according to whether the offence constituted by the contravention by the body corporate is summary or indictable. (3) In determining whether an officer of a body corporate is guilty of an offence, regard must be had to— the officer knew about the matter concerned; and extent of the officer's ability to make, or participate in the making of, decisions that affect the body corporate in relation to the matter concerned; and the contravention by the body corporate is also attributable to an act or omission of any other person; and
(1) If a body corporate (including a body corporate representing the Crown) contravenes a provision of this Act or the regulations and the contravention is attributable to an officer of the body corporate failing to take reasonable care, the officer is guilty of an offence and liable to a fine not exceeding the maximum fine for an offence constituted by a contravention by a natural person of the provision contravened by the body corporate. (2) An offence against subsection (1) is summary or indictable in nature according to whether the offence constituted by the contravention by the body corporate is summary or indictable. (3) In determining whether an officer of a body corporate is guilty of an offence, regard must be had to— the officer knew about the matter concerned; and extent of the officer's ability to make, or participate in the making of, decisions that affect the body corporate in relation to the matter concerned; and the contravention by the body corporate is also attributable to an act or omission of any other person; and
10-65a002.docx