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UNLAWFUL GAMBLING ACT 1998 - SECT 53
Liability of directors etc for offences by corporation--accessory to the commission of the offences
53 Liability of directors etc for offences by corporation--accessory to the
commission of the offences
(1) For the purposes of this section, a
"corporate offence" is an offence against this Act or the regulations that is
capable of being committed by a corporation.
(2) 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 involved 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 concerned
in, or party to, the commission of the corporate offence.
: Maximum
penalty--The maximum penalty for the corporate offence if committed by an
individual.
(3) The prosecution bears the legal burden of proving the
elements of the offence against this section.
(4) The offence against this
section can only be prosecuted by a person who can bring a prosecution for the
corporate offence.
(5) This section does not affect the liability of the
corporation for the corporate offence, and applies whether or not the
corporation is prosecuted for, or convicted of, the corporate offence.
(6)
This section does not affect the application of any other law relating to the
criminal liability of any persons (whether or not directors or other managers
of the corporation) who are concerned in, or party to, the commission of the
corporate offence.
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