Western Australian Numbered Acts

DANGEROUS GOODS SAFETY ACT 2004 (NO. 7 OF 2004) - SECT 61

61 .         Body corporate’s officers, liability of

        (1)         In this section —

        “officer” , in relation to a body corporate, has the same meaning as in the Corporations Act 2001 of the Commonwealth but does not include an employee of the body unless the employee was concerned in the management of the body.

        (2)         If a body corporate is charged with an offence under this Act, every person who was an officer of the body at the time of the alleged offence may also be charged with the offence.

        (3)         If a body corporate and an officer are charged as permitted by subsection (2) and the body corporate is convicted of the offence, the officer is to be taken to have also committed the offence, subject to subsection (6).

        (4)         If a body corporate commits an offence under this Act, then, although the body is not charged with the offence, every person who was an officer of the body at the time the offence was committed may be charged with the offence.

        (5)         If an officer is charged as permitted by subsection (4) and it is proved that the body corporate committed the offence, the officer is to be taken to have also committed the offence, subject to subsection (6).

        (6)         If under this section an officer is charged with an offence it is a defence to prove —

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

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