Section 26Part 7 — Enforcement: Offences
Liability of officers of bodies corporate, etc.
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Where an offence under this Law committed by a body corporate is shown to —
have been committed with the consent or connivance of an officer of the body corporate; or
be attributable to any neglect on the part of any such officer,
the officer as well as the body corporate commits an offence and both are liable to be proceeded against and punished accordingly.
Where an offence under this Law committed by a partnership is shown to —
have been committed with the consent or connivance of a partner; or
be attributable to any neglect on the part of a partner,
the partner as well as the partnership commits an offence and both are liable to be proceeded against and punished accordingly.
Where an offence under this Law committed by an unincorporated association, other than a partnership, is shown to —
have been committed with the consent or connivance of an officer of the association; or
be attributable to any neglect on the part of any such officer,
the officer as well as the association commits an offence and both are liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.
In this section —
"officer" —
in relation to a body corporate, means a director, manager, secretary, chief executive, member of the committee of management, or a person purporting to act in such a capacity; and
in relation to an unincorporated association, means any officer of the association or any member of its governing body, or a person purporting to act in such a capacity; and
"partner" includes a person purporting to act as a partner.
Defined Terms
officerpartner