Tasmanian Numbered Acts

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BURIAL AND CREMATION ACT 2019 (NO. 50 OF 2019) - SECT 88

Liability of body corporates
(1)  If a body corporate contravenes a provision of this Act, a person who is concerned in, or takes part in, the management of the body corporate is taken to have contravened that provision.
(2)  It is a defence in proceedings in respect of a contravention referred to in subsection (1) for a person to prove that –
(a) the body corporate contravened the provision without the person’s knowledge; or
(b) the person was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(c) the person, if in such a position, attempted to prevent the contravention by the body corporate.
(3)  A person referred to in subsection (1) may be convicted of a contravention of a provision of this Act whether or not the body corporate has been convicted of its contravention.
(4)  Nothing in this section affects the liability of a body corporate for an offence committed by it against a provision of this Act.



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