Section 71
Offences committed by body corporate or partnership
of Pathology Laboratory Act 2007
Where a body corporate contravenes any provision of this Act or any regulations made thereunder, every person who at the time of the commission of the offence is a director,
Act 674
manager, secretary or other like officers of the body corporate or was purporting to act in any such capacity or was in any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management—
(a)
may be charged severally or jointly in the same proceedings with the body corporate; and
(b)
be deemed to be guilty of the offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves that—
(i)
the offence was committed without his knowledge, consent or connivance; and
(ii)
he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.
(2)
Where a partnership contravenes any provision of this Act or any regulations made thereunder, every partner of the partnership at the time of the commission of the offence shall be deemed to have contravened the provision and may be charged jointly in the same proceedings with the partnership, or severally, and every such partner shall be deemed to be guilty of the offence unless he proves that—
(i)
the offence was committed without his knowledge, consent or connivance; and
(ii)
he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.
(3)
A person guilty of an offence under subsection (1) or (2)
shall, on conviction, be liable to the same amount of fine and period of imprisonment as the fine and imprisonment imposed on the sole proprietor committing the offence.