Guardianship and Management of Property Act 1991

An executive officer of a corporation commits an offence if—

the corporation commits a an offence against section 72; and

the officer was reckless about whether the relevant offence would be committed; and

the officer was in a position to influence the conduct of the corporation in relation to the commission of the offence; and

the officer failed to take reasonable steps to prevent the commission of the offence.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Subsection (1) does not apply if the corporation would have a defence to a prosecution for the offence.

Note 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 corporation is prosecuted for, or convicted of, the offence.

In this section:

executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.