Section 46
Offence by body corporate and employee
of East Coast Economic Region Development Council Act 2008
Where a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate, or was assisting in such management, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
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(a)
that the offence was committed without his knowledge, consent or connivance; and
(b)
that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.
(2)
Where any person would be liable under this Act to any punishment or penalty for any act, omission, neglect or default done by him, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed—
(a)
by his employee in the course of his employment;
(b)
by the agent when acting on his behalf; or
(c)
by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.