Page:Competition Act 2004.pdf/58

58 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Offences by bodies corporate, etc.

81.—(1) Where an offence under this Act committed by a body corporate is proved—
 * (a) to have been committed with the consent or connivance of an officer; or
 * (b) to be attributable to any neglect on his part,

the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a 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 the body corporate.

(3) Where an offence under this Act committed by a partnership is proved—
 * (a) to have been committed with the consent or connivance of a partner; or
 * (b) to be attributable to any neglect on his part,

the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved—
 * (a) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
 * (b) to be attributable to any neglect on his part,

the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(5) In this section—
 * “officer”—