Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision
49CF Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision
For the purposes of section 49CE, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the contravention of a civil penalty provision, a court is to have regard to:
what action (if any) the officer took towards ensuring that the body’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act and the Payroll Levy Collection Act, in so far as those requirements affect the employees, agents or contractors concerned; and
what action (if any) the officer took when he or she became aware that the body was contravening this Act or the Payroll Levy Collection Act.
This section does not, by implication, limit the generality of section 49CE.
27 Subsection 50(1)
Omit “The Corporation”, substitute “Subject to subsection (1A), the Corporation”.
28 After subsection 50(1)
Insert:
The Corporation’s power under section 52A may only be delegated to an officer (within the meaning of the Commonwealth Authorities and Companies Act 1997) of the Corporation.
29 After section 52
Insert:
This Act’s bill:Explanatory memorandumSecond reading speech
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