Currency Act 2020 · Updated to 28 Feb 2020 · Part V · Enforcement
52. Offence by person acting in official capacity
Feedback & supportWhere an offence is committed by a body, incorporated or unincorporated, a person who is its director or chief executive officer, or any person concerned with its operation or management, at the time of the commission of the offence is deemed to have
person
“person” means any natural person, corporation, statutory body, local authority, society, trade union, co-operative society, partnership or any other body, organisation, association or group of persons, whether corporate or unincorporated and includes the Government and any State Government;
Currency 31
committed that offence unless that person proves that the offence was committed without his consent or connivance and that he exercised diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to the circumstances.
A natural person may be prosecuted for an offence under subsection (1) notwithstanding—
that no prosecution has been instituted against the body, incorporated or unincorporated; or
that the body, incorporated or unincorporated has not been convicted of the offence.
Subsection (1) shall not affect the criminal liability of the body, incorporated or unincorporated for the offence referred to in that subsection.