Coal Mine Health and Safety Act 2002 No 129
203 Offences by corporations
(1) If a corporation contravenes, whether by act or omission, any
provision of this Act or the regulations, each person who is a director of the
corporation or who is concerned in the management of the corporation is taken
to have contravened the same provision unless the director or person satisfies
the court that:
(a) he or she was not in a position to influence the conduct of the
corporation in relation to its contravention of the provision,
(b) he or she, being in such a position, used all due diligence to
prevent the contravention by the corporation.
(2) A person may be proceeded against and convicted under a provision
pursuant to subsection (1) whether or not the corporation has been proceeded
against or has been convicted under the provision.
(3) Nothing in this section affects any liability imposed on a
corporation for an offence committed by the corporation under this Act or the
(4) In the case of a corporation that is a local council, a member of
the council (in his or her capacity as such a director) is not to be regarded
as a director or person concerned in the management of the council for the
purposes of this section.