Page:Mock Auctions Act 1973 (New South Wales).pdf/4

292 Mock Auctions.

(3) A sale of goods shall not be a mock auction by virtue of subsection (2) (a) if it is proved that the reduction in price or repayment or credit, as the case may be—
 * (a) was on account of a defect discovered after the highest bid in question had been made, being a defect of which the person conducting the sale was unaware when the bid was made; or
 * (b) was on account of damage sustained after that bid was made.

5. A director, within the meaning of the Companies Act, 1961, or an employee, of a corporation which commits an offence arising under the provisions of this Act is guilty of the same offence and may be punished accordingly unless he satisfies the court that—
 * (a) the offence committed by the corporation committed without his knowledge;
 * (b) he was not in a position to influence the conduct of the corporation in relation to the commission of the offence by it; or
 * (c) he, being in such a position, used all due diligence to prevent the commission of the offence by the corporation.

6. Notwithstanding any proceedings against any person for an offence against this Act (whether resulting in a conviction or otherwise) such person shall remain liable to all civil proceedings in like manner as if the proceedings for an offence had not been taken.