Western Australian Numbered Acts Western Australian Numbered Acts (1) If a body
corporate commits an offence under this Act or the regulations, each person
who is a director or who is concerned in the management of the body corporate
is taken to have also committed the same offence unless the person proves
that —
(a) the
person did not know, and could not reasonably be expected to have known, that
the offence was being committed;
(b) the
person —
(i)
was not in a position to influence the conduct of the
body corporate in relation to the commission of the offence; or
(ii)
being in such a position, used all due diligence and
reasonable precautions to prevent the commission of the offence;
or
(c) had
it been prosecuted, the body corporate would not have been found guilty of the
offence by reason of being able to establish a defence available to it under
this Act.
(2) Under this section
a person may be proceeded against and convicted of an offence whether or not
the body corporate has been proceeded against or convicted in respect of the
commission of the offence.
(3) Nothing in this
section prejudices or affects any liability imposed on a body corporate for an
offence committed by the body corporate against this Act or the regulations.
(4) Without limiting
any other law or practice regarding the admissibility of evidence, evidence
that an officer, employee or agent of a body corporate (while acting in his or
her capacity as such) had, at any particular time, a particular state of mind,
is evidence that the body corporate had that state of mind.