s 36 Offences by corporations and liability for acts of agents or employees
36. —(1) Where — ( a ) an offence under this Act or any regulations made under this Act is committed by a body corporate; and ( b ) it is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Whenever any agent or employee in the course of his or her employment does or omits to do an act, the doing of which or omission to do which by his or her principal or employer would be an offence, the agent or employee shall be guilty of that offence. (3) In any proceedings jointly against the body corporate and a director or officer thereof for an offence under this Act, any evidence that the body corporate was guilty of such an offence is deemed to be evidence that the director or officer was guilty of that offence. (4) Any person who would have been guilty of an offence if anything had been done or omitted to be done by the person personally shall be guilty of that offence and shall be liable to the same penalty if that thing had been done or omitted to be done by the person’s partner, agent or employee in the course of the partnership business or in the scope of the person’s employment (as the case may be) unless the person proves to the court’s satisfaction that the offence was committed without the person’s knowledge and that the person took all reasonable precautions to prevent that act or omission. —(1) Where — ( a ) an offence under this Act or any regulations made under this Act is committed by a body corporate; and ( b ) it is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Whenever any agent or employee in the course of his or her employment does or omits to do an act, the doing of which or omission to do which by his or her principal or employer would be an offence, the agent or employee shall be guilty of that offence. (3) In any proceedings jointly against the body corporate and a director or officer thereof for an offence under this Act, any evidence that the body corporate was guilty of such an offence is deemed to be evidence that the director or officer was guilty of that offence. (4) Any person who would have been guilty of an offence if anything had been done or omitted to be done by the person personally shall be guilty of that offence and shall be liable to the same penalty if that thing had been done or omitted to be done by the person’s partner, agent or employee in the course of the partnership business or in the scope of the person’s employment (as the case may be) unless the person proves to the court’s satisfaction that the offence was committed without the person’s knowledge and that the person took all reasonable precautions to prevent that act or omission.