Criminal liability of executive officers of bodies corporate
245AT Criminal liability of executive officers of bodies corporate
An executive officer of a body corporate commits an offence if:
the body commits an offence (the sponsorship‑related offence) against this Subdivision; and
the officer knew that, or was reckless or negligent as to whether, the sponsorship‑related offence would be committed; and
the officer was in a position to influence the conduct of the body in relation to the sponsorship‑related offence; and
the officer failed to take all reasonable steps to prevent the sponsorship‑related offence being committed.
Penalty: 360 penalty units.
In determining whether the executive officer of the body corporate failed to take all reasonable steps to prevent the sponsorship‑related offence being committed by the body, a court must have regard to:
what action (if any) the officer took towards ensuring that the body’s employees, agents and contractors had a reasonable knowledge and understanding of the requirements to comply with this Subdivision, insofar as those requirements affected the employees, agents or contractors concerned; and
what action (if any) the officer took when he or she became aware that the body was committing the sponsorship‑related offence.
Subsection (2) does not limit subsection (1).
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