Victorian Numbered Acts Victorian Numbered Acts(1) If a body corporate, by act or omission, contravenes a provision of this Act, a person who is concerned in, or takes part in, the management of the body corporate is, subject to subsection (2), taken to have contravened the same provision.
(2) For the purposes of subsection (1), a person is not taken to have contravened the provision if the person gives evidence in the proceeding that—
(a) the body corporate contravened the provision without the person's knowledge; or
(b) the person was not in a position to influence the conduct of the body corporate in relation to its contravention of the provision; or
(c) the person, if in such a position, used all due diligence to prevent the contravention by the body corporate.
(3) A person may be convicted of a contravention of a provision of this Act whether or not the body corporate has been convicted of its contravention.
(4) This section does not affect a liability imposed on a body corporate for an offence committed by the body corporate against this Act.
(5) For the purposes of this section, the following persons are persons who are concerned in, or take part in, the management of a body corporate—
(a) a director of the body corporate;
(b) a secretary of the body corporate;
(c) a receiver and manager of property of the body corporate;
(d) an official manager or deputy official manager of the body corporate;
(e) a liquidator of the body corporate appointed in a voluntary winding up of the body corporate;
(f) a trustee or other person administering a compromise or arrangement made between the body corporate and another person or other persons.