Building Control Act · s 54

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54.
Offences by bodies corporate etc.
(1) Where an offence against this Act or the building regulations has been committed by a body corporate, every officer of the body corporate shall also be guilty of the offence and liable to be proceeded against and punished accordingly unless the officer proves that —
(a) the offence was committed without the consent or connivance of the officer; and
(b) the offence was not attributable to any neglect on his part.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where an offence against this Act or the building regulations has been committed by a partnership, each partner of the partnership shall also be guilty of the offence and liable to be proceeded against and punished accordingly unless the partner proves that —
(a) the offence was committed without the consent or connivance of the partner; and
(b) the offence was not attributable to any neglect on his part.
(4) Where an offence against this Act or the building regulations has been committed by an unincorporated association (other than a partnership), every officer of the unincorporated association and every member of its governing body shall also be guilty of the offence and liable to be proceeded

Building Control against and punished accordingly unless the officer or member, as the case may be, proves that —
(a) the offence was committed without the consent or connivance of the officer of the unincorporated association or member of its governing body, as the case may be; and
(b) the offence was not attributable to any neglect on the part of that officer or member.
(5) In this section —
“officer” —
(a) in relation to a body corporate, means any director, partner, member of the committee of management,
Chief Executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations providing for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the written law of a country or territory outside
Brunei Darussalam.

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s 54Offences by bodies corporate etc.

(1)

Where an offence against this Act or the building regulations has been committed by a body corporate, every officer of the body corporate shall also be guilty of the offence and liable to be proceeded against and punished accordingly unless the officer proves that —

(a)

the offence was committed without the consent or connivance of the officer; and

(b)

the offence was not attributable to any neglect on his part.

(2)

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3)

Where an offence against this Act or the building regulations has been committed by a partnership, each partner of the partnership shall also be guilty of the offence and liable to be proceeded against and punished accordingly unless the partner proves that —

(a)

the offence was committed without the consent or connivance of the partner; and

(b)

the offence was not attributable to any neglect on his part.

(4)

Where an offence against this Act or the building regulations has been committed by an unincorporated association (other than a partnership), every officer of the unincorporated association and every member of its governing body shall also be guilty of the offence and liable to be proceeded

Building Control against and punished accordingly unless the officer or member, as the case may be, proves that —

(a)

the offence was committed without the consent or connivance of the officer of the unincorporated association or member of its governing body, as the case may be; and

(b)

the offence was not attributable to any neglect on the part of that officer or member.

(5)

In this section —

“officer” —

(a)

in relation to a body corporate, means any director, partner, member of the committee of management,

Chief Executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or

(b)

in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;

“partner” includes a person purporting to act as a partner.

(6)

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations providing for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the written law of a country or territory outside

Brunei Darussalam.