Western Australian Numbered Acts Western Australian Numbered Acts (1) If a body
corporate is found to have committed an offence under this Act, each person
who is a managerial officer of the body is also to be treated as having
committed the offence unless the person proves that —
(a) the
offence was committed without the person’s consent or connivance; and
(b) the
person exercised all such due diligence to prevent the commission of the
offence as ought to have been exercised having regard to the nature of the
person’s functions and to all the circumstances.
(2) In subsection
(1) —
"managerial officer" means —
(a) a
director or secretary of the body;
(b) a
person who exercises or exerts control or influence over the body, or is in a
position to do so;
(c) a
person who at any time takes responsibility for the management of a business
carried on by the body; or
(d) a
person who is a shareholder of the body, if the body is a proprietary company.