Western Australian Numbered Acts Western Australian Numbered Acts (1) If a body
corporate is guilty of an offence against section 25 and it is proved that
—
(a) the
offence was committed with the consent or connivance of an officer of the body
corporate; or
(b) an
officer of the body corporate failed to exercise all the due diligence to
prevent the commission of the offence that ought to have been exercised having
regard to the nature of the officer’s functions and to all the
circumstances,
the officer commits
the offence.
(2) In
subsection (1) —
"officer", in relation to a body corporate, means
—
(a) a
director, secretary or executive officer of the body corporate;
(b) a
receiver, or receiver and manager, of property of the body corporate, or any
other authorised person who enters into possession or assumes control of
property of the body corporate for the purpose of enforcing any charge;
(c) an
official manager or a deputy official manager of the body corporate;
(d) a
liquidator of the body corporate; and
(e) a
trustee or other person administering a compromise or arrangement made between
the body corporate and another person or other persons,
and any other person,
by whatever name called and whether or not a director of the body corporate,
who is concerned, or takes part, in the management of the body corporate.