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20517 App M.pdf [As Published] · 132007.1259
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(2) If a corporation commits an offence against a provision of this local law, each of the executive officers of the corporation also commit an offence, namely, the offence of failing to ensure that the corporation complies with this local law. Maximum penalty—the penalty for the contravention of the provision by an individual. (3) Evidence that the corporation has been convicted of an offence against a provision of this local law is evidence that each of the executive officers committed the offence of failing to ensure that the corporation complied with this local law. (4) However, it is a defence for an executive officer to prove that— (a) they were not in a position to influence the conduct of the corporation in relation to the offence; and (b) the executive officer took all reasonable steps to ensure that the corporation complied with this local law. Liability of third parties 31.(1) Any person who authorises, undertakes and benefits from a contravention of this local law commits an offence. Maximum penalty—the penalty for the contravention of the provision by an individual. (2) A person is involved in a contravention of this local law if they— (a) aid, abet, counsel or procure the contravention; or (b) induce, whether by threats or promises or otherwise, the contravention; (c) are in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or (d) conspire with others to effect the contravention; or (e) knowingly benefit from or knowingly were capable of benefiting from the contravention. Attempts to commit offences 32.(1) A person who attempts to commit an offence under this local law commits an offence. Maximum penalty—the maximum penalty for committing the offence (2) The provisions of the Criminal Code (relevant to attempts to commit offences) apply to the attempt.
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