Division 4 Ancillary provisions

26   Offences by corporations—liability of directors and managers

(1)  If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each director of the corporation, and each person 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, or

(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 been convicted under that provision.

(3)  Nothing in subsection (1) prejudices or affects any liability imposed by a provision of this Act or the regulations on any corporation by which an offence against the provision is actually committed.

(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 member) is not to be regarded as a director or person concerned in the management of the council for the purposes of this section.

27   Aiding and abetting etc

(1)  A person:

(a)  who aids, abets, counsels or procures, or

(b)  who, by act or omission, is in any way directly or indirectly knowingly concerned in or a party to,

      the commission of an offence against this Act or the regulations is taken to have committed that offence and is punishable accordingly.

(2)  Subsection (1) does not apply to a person who is acting in the ordinary course of his or her duties as an officer of a Federal or State industrial organisation of employees or employers.

28   Defence

It is a defence to any proceedings against a person for an offence against a provision of this Act or the regulations if the person proves that:

(a)  it was not reasonably practicable for the person to comply with the provision, or

(b)  the commission of the offence was due to causes over which the person had no control and against the happening of which it was impracticable for the person to make provision.

29   Relationship between duties under this Part and regulations

(1)  Compliance with the regulations is not in itself a defence in any proceedings for an offence against this Part.

(2)  However, a relevant contravention of the regulations is admissible in evidence in any proceedings for an offence against this Part.

(3)  This section is subject to any regulations under section 37.

Note. See Part 4 for provisions relating to the use of approved industry codes of practice in proceedings for offences against this Part.

30   Alternative verdicts

If in proceedings against a person for an offence against a provision of section 8 or 9 the court is not satisfied that the person contravened that provision but is satisfied that the act or omission concerned constituted a contravention of another provision of section 8 or 9, the court may convict the person of an offence against that other provision.

31   Multiple contraventions of general duties under Division 1

(1)  More than one contravention of a provision of Division 1 by a person that arise out of the same factual circumstances may be charged as a single offence or as separate offences.

(2)  This section does not authorise contraventions of 2 or more of those provisions to be charged as a single offence.

(3)  A single penalty only may be imposed in respect of more than one contravention of any such provision that is charged as a single offence.

32   Civil liability not affected by this Part

(1)  Nothing in this Part is to be construed:

(a)  as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provision of this Part, or

(b)  as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.

(2)  Subsection (1) does not affect the extent (if any) to which a breach of duty imposed by the regulations is actionable (including any regulation that adapts a provision of this Part).