Local Government Act 1976 · Updated to 1 Dec 2012 · Part XIV
123. Liability for acts and omissions
Feedback & supportFor the purposes of any prosecution for an offence under this
Act or under any by-law, rule or regulation—
whenever any agent or employee in the course of his employment does or omits to do an act the doing or omission to do which by his principal or employer would be an offence, such agent or employee shall be guilty of that offence, and his principal or employer and any person who at the time of the act or omission was in charge of the business in respect of which the act or omission occurred shall also be guilty of that offence unless such principal or employer or other person, as the case may be, proves to the satisfaction of the Court that having regard to all the circumstances he took all reasonable means and precautions to prevent such act or omission;
where any offence has been committed by any body corporate, any person who at the time of the commission of such offence was a director, general manager, secretary or
Secretary
“Secretary” means the Chief Administrative Officer appointed by the State Authority or any officer for the time being lawfully performing the duties of Chief Administrative Officer;
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other similar officer of the body corporate or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that having regard to the nature of his functions in that capacity and to all the circumstances he took all reasonable means and precautions to prevent the commission of the offence.