35. Offences

    (1) Any corporation which or person who

    (a) fails to comply with any of the requirements of this Act within the time or in the manner thereby provided; or

    (b) contravenes or fails to comply with any provision of this Act,

    commits an offence.

    (2) Any corporation or person convicted of an offence against this Act is liable, where no penalty is expressly provided for the offence, to a penalty not exceeding $400.

    (3) A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed.

    (4) Where a corporation is charged with an offence against this Act, a person who is concerned or takes part in the management of the corporation may be charged with a like offence and where the corporation is convicted of the offence a person who is so concerned or takes part in the management of the corporation may be convicted of the like offence unless he proves that

    (a) the offence committed by the corporation was committed without his knowledge;

    (b) he was not in a position to influence the conduct of the corporation in relation to the commission of the offence by it; or

    (c) he, being in such a position, used all due diligence to prevent the commission of the offence by the corporation.

    (5) Where by reason of or arising out of any act or omission of the holder of a licence granted for the benefit of a firm or corporation that firm or corporation is charged with an offence under this Act, is required to show cause for the purposes of section 22(1), or is required to satisfy the court as to its fitness or repute upon any application for the grant or renewal of a licence it shall be an answer in any such case for the firm or corporation to show that

    (a) the act or omission complained of was committed or occurred without its knowledge and that it could not reasonably be expected to have known that any provision of this Act had been contravened or had not been complied with;

    (b) the firm or corporation was not in a position to influence the conduct of the holder of the licence in relation to the act or omission; or

    (c) the firm or corporation used all due diligence to prevent the commission or occurrence of such act or omission.

    [Section 35 amended by No. 59 of 2004 s. 141.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.