AI Summary of 39. Offences by bodies corporate
Under the specified Act, if a corporate body commits an offence, individuals such as directors, managers, secretaries, or other officers are also liable if it is proven that the offence occurred with their consent, connivance, or due to willful neglect. These individuals may be prosecuted and punished as though they committed the offence themselves.
In cases where the management of a body corporate is conducted by its members, the same provisions apply to the actions and shortcomings of a member in their management role as if they were a director or manager. This extends the accountability of members in the governance of the body corporate, ensuring that all levels of management are subject to the same legal responsibilities.
39. Offences by bodies corporate
(1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.