178   Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees

(cf model provisions, s 149)

(1)  If a body corporate commits an offence under the road transport legislation, each director of the body corporate, and each person concerned in the management of the body corporate, is taken to have committed the offence and is punishable accordingly.

(2)  If a person who is a partner in a partnership commits an offence under an applicable road law in the course of the activities of the partnership, each other person who is a partner in the partnership, and each other person concerned in the management of the partnership, is taken to have committed the offence and is punishable accordingly.

(3)  If a person who is concerned in the management of an unincorporated association commits an applicable road law offence in the course of the activities of the unincorporated association, each other person concerned in the management of the unincorporated association is taken to have committed the offence and is punishable accordingly.

(4)  If an employee commits an applicable road law offence, the employer is taken to have committed the offence and is punishable accordingly.

(4A)  Subsections (1), (2), (3) and (4) do not apply in respect of an offence under a provision of a regulation made under the road transport legislation that is declared by such a regulation to be an excluded provision for the purposes of this section.

(5)  This section does not affect the liability of the person who actually committed the offence.

(6)  A person may be proceeded against and found guilty of an offence arising under this section whether or not the body corporate or other person who actually committed the offence has been proceeded against or been found guilty of the offence.

(7)  It is a defence to a prosecution for an offence arising under subsection (1) if the defendant establishes that:

(a)  the defendant was not in a position to influence the conduct of the body corporate in relation to the actual offence, or

(b)  the defendant, being in such a position, took reasonable precautions and exercised due diligence to prevent the commission of the actual offence.

(8)  It is a defence to a prosecution for an offence arising under subsection (2) or (3) if the defendant establishes that:

(a)  the defendant was not in a position to influence the conduct of the person who actually committed the offence, or

(b)  the defendant, being in such a position, took reasonable precautions and exercised due diligence to prevent the commission of the actual offence.

(9)  It is a defence to a prosecution for an offence arising under subsection (4) if the defendant establishes that:

(a)  the defendant had no knowledge of the actual offence, and

(b)  the defendant took reasonable precautions and exercised due diligence to prevent the commission of the actual offence.