Division 4 Ancillary provisions
26 Offences by corporations—liability of directors and
(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,
(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
(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
(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.
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
(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
(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
(3) This section is subject to any regulations under section
Note. See Part 4 for provisions relating to the use of approved industry
codes of practice in proceedings for offences against this
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
31 Multiple contraventions of general duties under Division
(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
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
(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).