Section 13A
Corporate offenders and unincorporated associations. [S 60/07]
of Undesirable Publications Act
(1)
Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate, he
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as well as the body corporate is also guilty of that offence and be liable to be proceeded against and punished accordingly.
(2)
Where the affairs of the body corporate are managed by its members, subsection (1) shall apply 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.
(3)
Proceedings for an offence alleged to have been committed under this Act by an unincorporated association shall be brought against the association in its own name, and not in that of any of its members and, for the purpose of any such proceedings, any rules of court relating to service of documents shall have effect as if the association were a body corporate.
(4)
Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is also guilty of that offence and be liable to be proceeded against and punished accordingly.
(5)
Where an offence under this Act committed by an unincorporated association other than a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association or a member of its governing body, that officer or member as well as the association is also guilty of that offence and be liable to be proceeded against and punished accordingly.
(6)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to a body corporate or unincorporated association formed or recognised under the law of any country or territory outside Brunei
Darussalam.
(7)
In this section —
“officer” —
(a)
in relation to a body corporate, means a director, member of the committee of management, chief executive, manager,
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secretary or other similar officer of the body or any 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, a member of the committee of the association, or any person holding a position analogous to that of the president, secretary or member of the committee;
“partner” includes any person purporting to act as a partner.
Bar to legal proceedings.