Western Australia Fair Trading Act 2010
Parts 7 to 9: Criminal and civil proceedings, liability, defences, court orders and miscellaneous – Western Australia Fair Trading Act 2010

Western Australia Fair Trading Act 2010 94A: Officers of a body corporate are liable for the advertising offence and for listed ACL (WA) offences

What does 94A require?

The Criminal Code section 39, which makes an officer of a body corporate criminally liable for the body's offence where the officer failed to take reasonable steps to prevent it, applies to the section 62(2) advertising offence and to the ACL (WA) offence provisions listed in Table A: the unfair practices, consumer transaction, product safety and information standard offences in sections 157 to 183, 188, 192, 193 and 206 of the ACL (WA). Directors and managers must therefore be able to show the steps they took to prevent those contraventions.

Maintained by Gerard Blokdyk

Other controls in Parts 7 to 9: Criminal and civil proceedings, liability, defences, court orders and miscellaneous – Western Australia Fair Trading Act 2010

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