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COMMONWEALTHAct
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s 23DZZIN

Application of this Division to an executive officer of a body corporate

In force
Volume 1Parts I to VAA (sections 1 to 106ZR)
Part IIBAProhibited practices in relation to pathology services and diagnostic imaging services
Division 2Civil penalty provisions involving requesters, providers and connected persons
Subdivision BCivil penalty provisions

23DZZIN Application of this Division to an executive officer of a body corporate

(1)

An executive officer of a body corporate contravenes this subsection if:

(a)

the body corporate contravenes a civil penalty provision in this Division; and

(b)

the executive officer knew that the contravention would occur; and

(c)

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

(d)

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

Note:

In making a determination for the purposes of paragraph (1)(d), a court is to have regard to the matters set out in section 23DZZIH.

(2)

The maximum civil penalty for a contravention of subsection (1) is the maximum civil penalty that a Court could impose in respect of an individual for the civil penalty provision contravened by the body corporate.

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