Singapore legislation
Clause 42
of Hazardous Waste (Control of Export, Import and Transit) Bill
Clause 42
Offences by body corporate
(1)
Where an offence under this Act has been committed by a body corporate, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer thereof, or who was purporting to act in any such capacity, shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves that —
the offence was committed without his knowledge, consent or connivance; and
he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
(2)
Without limiting the generality of subsection (1), in determining whether a person has exercised all such diligence to prevent the commission of the offence under subsection (1), a court shall have regard to whether the person took any action directed towards ensuring the following (to the extent that the action is relevant to the contravention):
that the body arranges regular professional assessments of the body’s compliance with this Act;
that the body implements any appropriate recommendations arising from such an assessment;
that the body implements an effective system of hazardous or other waste management, where the system is consistent with the environmentally sound management of the waste;
that the body has contingency procedures for dealing with an emergency involving hazardous or other waste, where the procedures are directed towards —
reducing the risk of injury or damage to human beings or the environment; and
mitigating any such injury or damage;
that the body’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements of this Act, in so far as those requirements affect the employees, agents or contractors concerned.