Section 50

Where an offence under this Order committed by a body corporate is proved-fa} to have been committed with the consent or connivance of an officer; or fb} to be attributable to any neglect on his part, the officer as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.

Where the affairs of the body corporate are managed by its members, subsection ( 1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of that body corporate.

Where an offence under this Order committed by a partnership IS proved-fa} to have been committed with the consent or connivance of a partner; or fb} to be attributable to any neglect on his part, the partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

Where an offence under this Order committed by a limited liability partnership is proved -

fa} to have been committed with the consent or connivance of a partner or manager of the limited liability partnership; or fb} to be attributable to any neglect on their part, the partner or manager, as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

Where an offence under this Order committed by an unincorporated association (other than a partnership) is proved-

(a} to have been committed with the consent or connivance of; or 55

(b} to be attributable to any neglect on the part of, an officer of the unincorporated association or a member of its governing body, the officer or member, as well as the unincorporated association is guilty of that offence and liable to be proceeded against and punished accordingly.

A person mentioned in subsections (1), (2), (3), (4) and (5) may rely on a defence that would be available to the body corporate, partnership, limited liability partnership or unincorporated association if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the body corporate, partnership, limited liability partnership or unincorporated association would bear.

In this section, unless the context otherwise requires -

"officer"-

(a} in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate, any person who holds a controlling interest in that body, and includes a person purporting to act in any such capacity; or

(b} in relation to an unincorporated association (other than a partnership), means the president, the secretary or a member of the committee of the unincorporated association or a person holding a position analogous to that of president, secretary or member of a committee, and includes a person purporting to act in any such capacity;

"partner", in relation to a partnership, includes a person purporting to act as a partner.

Liability of employers for acts of employees 51.

( 1) Any act done or conduct engaged in by a person in the course of his employment (referred to in this section as the employee) is treated for the purposes of this Order as done or engaged in by his employer as well as by him, whether or not it was done or engaged in with the employer's knowledge or approval.

In any proceedings for an offence under this Order brought against any person in respect of an act or conduct alleged to have been done or engaged in by an employee of that person, it is a defence for that person to prove that he took such steps as were practicable to prevent the employee from doing the act or 56

engaging in the conduct, or from doing or engaging in, in the course of his employment, acts or conduct, of that description.

Composition of offences 52.

The Authority or any person authorised in writing in that behalf by the

Authority may compound any offence against this Order which is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding -

{a} one half of the amount of the maximum fine prescribed for the offence; or

{b} $5,000, whichever is the lower.

On payment of the sum of money, no further proceedings shall be taken against the person in respect of the offence.

All sums collected under this section shall be paid to the Authority.