In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both; In the case of a body corporate, 1200 penalty units. Note to s. 31 Note inserted by Section 32 applies to an offence against this section. No. 13/2013 s. 42(2). S. 32 32 Criminal liability of officers of bodies amended by liability No. 68/2009 s. 97(Sch. (1) If a body corporate commits an offence against a item 117.2), substituted by provision specified in subsection (2), an officer of No. 13/2013 the body corporate also commits an offence s. 41. against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 23; (b) section 24(1) and (2); (c) section 31. (3) 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.
In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both; In the case of a body corporate, 1200 penalty units. Note to s. 31 inserted by No. 13/2013 s. 42(2). Note Section 32 applies to an offence against this section. S. 32 amended by No. 68/2009 s. 97(Sch. item 117.2), substituted by No. 13/2013 s. 41. 32 Criminal liability of officers of bodies liability (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— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 23; (b) section 24(1) and (2); (c) section 31. (3) 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.
99-21a037.docx