(1)  If TOTE Tasmania or a TOTE subsidiary commits an offence against this Act, each director and other person concerned in the management of TOTE Tasmania or the TOTE subsidiary is taken to have also committed the offence and may be convicted of the offence unless the person establishes that –

(a) the act or omission constituting the offence took place without the director or other person's knowledge or consent; or

(b) the director or other person used all due diligence to prevent that act or omission by TOTE Tasmania or the TOTE subsidiary.

(2)  A director or other person referred to in subsection (1) may be convicted of an offence against this Act whether or not TOTE Tasmania or the TOTE subsidiary is charged with or convicted of the offence.