Export Control Act 2020

An executive officer of a body corporate commits an offence if:

the body corporate commits an offence by contravening any of the following provisions:

subsection 30(2);

subsection 33(2);

subsection 33(6);

subsection 34(2);

subsection 37(2);

subsection 37(6);

subsection 38(2);

subsection 41(2);

subsection 41(5);

subsection 42(2);

subsection 45(2);

subsection 45(5);

subsection 46(2);

subsection 47(2);

subsection 48(2);

subsection 49(2);

subsection 184(2);

subsection 184(6);

subsection 217(2);

subsection 217(6);

subsection 320(2);

subsection 427A(2); and

the officer knew that, or was reckless or negligent as to whether, the contravention would occur; and

the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and

the officer failed to take all reasonable steps to prevent the contravention.

An executive officer of a body corporate commits an offence if:

the body corporate commits an offence by contravening any of the following provisions:

subsection 31(2);

subsection 32(2);

subsection 35(2);

subsection 36(2);

subsection 39(2);

subsection 40(2);

subsection 43(2);

subsection 44(2); and

the officer knew that, or was reckless or negligent as to whether, the contravention would occur; and

the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and

the officer failed to take all reasonable steps to prevent the contravention.

An executive officer of a body corporate commits an offence if:

the body corporate commits an offence by contravening subsection 50(2); and

the officer knew that, or was reckless or negligent as to whether, the contravention would occur; and

the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and

the officer failed to take all reasonable steps to prevent the contravention.

For the purposes of paragraph (1)(d), (2)(d) or (3)(d), in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention, a court may have regard to all relevant matters, including:

what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):

that the body corporate arranges regular professional assessments of the body corporate’s compliance with the provisions referred to in paragraphs (1)(a), (2)(a) and (3)(a);

that the body corporate implements any appropriate recommendations arising from such an assessment;

that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with the provisions referred to in paragraphs (1)(a), (2)(a) and (3)(a) in so far as those requirements affect the employees, agents or contractors concerned;

that the body corporate had in place adequate procedures to prevent the contravention; and

what action (if any) the officer took when the officer became aware of the contravention.

Subsection (4) does not limit subsection (1), (2) or (3).