Malaysia legislation
Section 61
of Sabah Climate Change And Carbon Governance Enactment 2025
Section 61
Offences committed by body corporate
(1)
Where a body corporate commits an offence under this Enactment, any 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 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 —
(a)
may be charged severally or jointly in the same proceedings with the body corporate; and
34
(b)
if the body corporate 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.
(2)
Where any person would be liable to any punishment or penalty under this Enactment for any act, omission, neglect or default committed —
(a)
by that person’s employee in the course of his employment;
(b)
by that person’s agent when acting on behalf of that person; or
(c)
by the employee of that person’s agent when acting in the course of his employment with that person’s agent or otherwise on behalf of that person’s agent acting on behalf of that person, that person shall be liable to the same punishment or penalty for every such act, omission, neglect or default of that person’s employee or agent, or of the employee of that person’s agent.
Giving or making false information or statement