Western Australian Current Regulations

HEALTH (PESTICIDES) REGULATIONS 2011 - REG 108

108 .         Liability of corporate officers for acts of body corporate

        (1)         In this regulation —

        corporate officer , of a body corporate, means an officer (as defined in the Corporations Act 2001 (Commonwealth) section 9) of the body corporate.

        (2)         If a body corporate is alleged to have committed an offence under these regulations, every person who was a corporate officer of the body corporate at the time of the alleged offence may be charged with the offence whether or not the body corporate is charged with the offence.

        (3)         If —

            (a)         a corporate officer is charged with an offence as permitted by subregulation (2); and

            (b)         it is proved that the body corporate committed the offence,

                then, subject to subregulation (4), the corporate officer is taken to have also committed the offence.

        (4)         If a corporate officer is charged with an offence as permitted by subregulation (2), it is a defence to prove that —

            (a)         the offence was committed without the officer’s consent or connivance; and

            (b)         the officer took all the measures to prevent the commission of the offence that the officer could reasonably be expected to have taken having regard to the officer’s functions and to all the circumstances.