(1) Where a corporation contravenes section 7 or 7A, each person who is a director of the corporation or who is concerned in the management of the corporation contravenes the section unless the person satisfies the court that ¾

(a) the corporation contravened the section without the knowledge of the person; or

(b) the person ¾

(i) was not in a position to influence the conduct of the corporation in relation to its contravention of the section; or

(ii) being in such a position, used all due diligence to prevent the contravention by the corporation.

(2) A person may be proceeded against and convicted under section 7 or 7A because of subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.

(3) Nothing in this section prejudices or affects any liability imposed by this Act on any corporation by which an offence against section 7 or 7A is actually committed.

[Section 8 amended by No. 2 of 2004 s. 11.]