Criminal liability of executive members of owners corporation
83S Criminal liability of executive members of owners corporation
An executive member of an owners corporation is taken to commit an offence against this part if—
the corporation commits an offence against this part (a relevant offence); and
the member was reckless about whether the relevant offence would be committed; and
the member was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and
the member failed to take reasonable steps to prevent the commission of the relevant offence.
Maximum penalty: The maximum penalty that may be imposed for the commission of the offence by an individual.
Subsection (1) does not apply if the owners corporation would have a defence to a prosecution for the relevant offence.
The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
This section applies whether or not the owners corporation is prosecuted for, or convicted of, the relevant offence.
In this section:
executive member, of an owners corporation—see the Unit Titles (Management) Act 2011, dictionary.
This Act’s bill:Explanatory statementSecond reading speech
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