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CASINO CONTROL ACT 1992 - SECT 167A
Liability of directors etc for offences by corporation--accessory to the commission of the offences
167A Liability of directors etc for offences by corporation--accessory to the
commission of the offences
(1) A person commits an offence against this section if-- (a) a corporation
commits a corporate offence, and
(b) the person is-- (i) a director of the
corporation, or
(ii) an individual who is concerned in the management of the
corporation and who is in a position to influence the conduct of the
corporation in relation to the commission of the corporate offence, and
(c)
the person-- (i) aids, abets, counsels or procures the commission of the
corporate offence, or
(ii) induces, whether by threats or promises or
otherwise, the commission of the corporate offence, or
(iii) conspires with
others to effect the commission of the corporate offence, or
(iv) is in any
other way, whether by act or omission, knowingly involved in, or party to, the
commission of the corporate offence.
: Maximum penalty--The maximum penalty
for the corporate offence if committed by an individual.
(2) The prosecution
bears the legal burden of proving the elements of the offence against this
section.
(3) The offence against this section can only be prosecuted by a
person who can bring a prosecution for the corporate offence.
(4) This
section-- (a) does not affect the liability of the corporation for the
corporate offence, and
(b) applies whether or not the corporation is
prosecuted for, or convicted of, the corporate offence.
(5) This section does
not affect the application of any other law relating to the criminal liability
of persons, whether or not directors or other managers of the corporation, who
are involved in, or party to, the commission of the corporate offence.
(6) In
this section--
"corporate offence" means an offence against this Act or the regulations that
is capable of being committed by a corporation.
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