35A. Liability of directors

    (1) Where a corporation is convicted of an offence against this Act, every person who at the time of the commission of the offence was

    (a) a director or member of the governing authority of the corporation;

    (b) a person, other than a person giving advice to the directors in his professional capacity, in accordance with whose directions the corporation is accustomed to act; or

    (c) an officer concerned in the management of the corporation,

    and who authorised or permitted the commission of the offence, is guilty of the like offence.

    (2) A person referred to in subsection (1) may, on the request of the prosecutor, be convicted on the proceedings on which the corporation is convicted if the court is satisfied that the person had reasonable notice that the prosecutor intended to make that request.

    [Section 35A inserted by No. 51 of 1984 s. 21; amended by No. 84 of 2004 s. 80.]



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.