Petroleum Authority of Brunei Darussalam Act · s 55

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55.
Corporate offenders and unincorporated associations
(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate, he as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.

Petroleum Authority of Brunei Darussalurt~
CAP. 231 59
(2) Where the affairs of the 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 under this Act coinmitted by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by a limited liability partnership is proved to have been conqmitted with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be)
as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.
(5) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the unincorporated association or a member of its governing body, the officer or member (as the case may be) as well as the unincorporated association shall be guilty of that offence and liable to be proceeded against and punished accordingly.
(6) In this section -
"officer" -
(a) in relation to a body corporate, means a director, member of the committee of management. chief executive, manager, secretary or other similar officer of the body corporate, and includes a person purporting to act in any such capacity; or
(b) in relation to an unincorporated association (other than a partnership), meamthe we-secretqoramemher af the committee of the unincorporated association or a person holding a position analogous to that of president, secretary or member of a committee, and includes a person purporting to act in any such capacity;

Petroleum Authority 60
of Brunei Darussalam
"partner". in relation to a partnership. includes a person purporting to act as a partner.
(7) The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations to provide for the application of any provision of this section, with such modifications as he considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a country or territory outside Brunei
Darussalam.

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s 55Corporate offenders and unincorporated associations

(1)

Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate, he as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.

Petroleum Authority of Brunei Darussalurt~

CAP. 231 59

(2)

Where the affairs of the 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 under this Act coinmitted by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

(4)

Where an offence under this Act committed by a limited liability partnership is proved to have been conqmitted with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be)

as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

(5)

Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the unincorporated association or a member of its governing body, the officer or member (as the case may be) as well as the unincorporated association shall be guilty of that offence and liable to be proceeded against and punished accordingly.

(6)

In this section -

"officer" -

(a)

in relation to a body corporate, means a director, member of the committee of management. chief executive, manager, secretary or other similar officer of the body corporate, and includes a person purporting to act in any such capacity; or

(b)

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

Petroleum Authority 60

of Brunei Darussalam

"partner". in relation to a partnership. includes a person purporting to act as a partner.

(7)

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

Darussalam.