Section 47
of Workplace Safety and Health Act
Section 47
(1)
Where an offence against this Act which has been 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 a director, manager, secretary or other similar officer of that body, or of a person purporting to act in any such capacity, he, as well as the body corporate, is also guilty of the offence and liable to be proceeded against and punished accordingly.
(2)
In relation to a body corporate whose affairs are managed by its members, “director”, in subsection (1), means any member of that body corporate.
(3)
Where an offence under this Act is committed by a partnership, every partner of the partnership is guilty of the offence and liable to be proceeded against and punished accordingly unless he proves that —
(a)
the offence was committed without his consent or connivance; and
(b)
he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
(4)
Where an offence under this Act is committed by an unincorporated association (other than a partnership), any officer of the unincorporated association or member of its governing body is guilty of the offence and liable to be proceeded against and punished accordingly unless he proves that —
(a)
the offence was committed without his consent or connivance; and
(b)
he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
(5)
The regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed
Workplace Safety and Health 60
or recognised under the law of a country or territory outside
Brunei Darussalam.