Section 51
Offence by body corporate, partnership or society
of Private Aged Healthcare Facilities and Services Act 2018
If a body corporate, a partnership or a society commits an offence under this Act or any regulations made under this Act, a person who at the time of the commission of the offence was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the body corporate, partnership or society 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, partnership or society or was assisting in such management—
(a)
may be charged severally or jointly in the same proceedings with the body corporate, partnership or society; and
(b)
if the body corporate, partnership or society is found guilty of the offence, 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—
(i)
that the offence was committed without his knowledge, consent or connivance; and
(ii)
that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
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(2)
Whenever any agent or employee in the course of his employment does or omits to do any act the doing or the omission to do of which by his principal or employer would be an offence against this Act or any regulations made under this
Act, such agent or employee shall be guilty of that offence, and subsection (3) shall apply to his principal or employer.
(3)
If any person would be liable under this Act or any regulations made under this Act to any punishment or penalty for his act, omission, neglect or default, 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 the agent, if the act, omission, neglect or default was committed—
(a)
by that person’s employee in the course of his employment;
(b)
by the agent when acting on behalf of that person; or
(c)
by the employee of the agent in the course of his employment by the agent or otherwise on behalf of the agent acting on behalf of that person.