Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 136

136 .         Offences by body corporate, liability of officers of in case of etc.

        (1)         If a body corporate commits an offence under this Act and it is proved that the offence occurred with the consent or connivance of an officer of the body corporate, or a person purporting to act as an officer of the body corporate, that person, as well as the body corporate, commits the offence.

        (2)         If 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.

        (3)         If, in proceedings under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show that —

            (a)         the conduct was engaged in by an officer of the body corporate within the scope of his or her actual or apparent authority; and

            (b)         the officer had that state of mind.

        (4)         If an officer of a body corporate engages in conduct on behalf of the body corporate within the scope of his or her actual authority then, for the purposes of proceedings under this Act, the body corporate is taken also to have engaged in the conduct unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.