(1) Where a company is charged with an offence under this Act, every person who at the time of the commission of the offence is a director or officer of the company may be charged jointly in the same proceedings with the company.
(2) Where a director or officer of the company is charged jointly with the company in the same proceedings, it shall be a defence if he or she proves that the offence was committed without his or her knowledge and that he or she has exercised all such diligence as he or she ought to have exercised, having regard to all the circumstances.
(3) Any person who would be liable under this Act to any penalty for anything done or omitted if the thing had been done or omitted by him or her personally is liable to the same penalty if the thing had been done or omitted by his or her agent, unless he or she proves that he took all reasonable precautions to prevent the doing or omission of the thing.
(4) In this section, the terms “director” and “officer” shall have the meanings assigned in the Companies Act.