Personal liability of an executive officer of a body corporate—general
54B Personal liability of an executive officer of a body corporate—general
An executive officer of a body corporate commits an offence if:
the body corporate commits an offence against this Act covered by section 54BA; and
the officer knew that the offence would be committed; and
the officer was in a position to influence the conduct of the body in relation to the commission of the offence; and
the officer failed to take all reasonable steps to prevent the commission of the offence.
An offence against this Act includes an offence against the regulations: see subsection 3(7).
The maximum penalty for an offence against subsection (1) is:
the maximum penalty that a court could impose in respect of an individual for the offence committed by the body corporate; or
if the offence committed by the body corporate is an offence against subsection 41MN(10)—imprisonment for 5 years or 4,000 penalty units, or both.
An executive officer of a body corporate contravenes this subsection if:
the body corporate contravenes a civil penalty provision; and
the officer knew that the contravention would occur; and
the officer was in a position to influence the conduct of the body in relation to the contravention; and
the officer failed to take all reasonable steps to prevent the contravention.
The maximum civil penalty for a contravention of subsection (3) 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; or
if the civil penalty provision contravened by the body corporate is subsection 41MNA(3)—5,000 penalty units.
In this section:
executive officer of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.
This provision refers to the regulations (the regulations
). Made under this Act:
- Therapeutic Goods (Medical Devices) Regulations 2002 · under s 63
- Therapeutic Goods Regulations 1990 · under s 63
5 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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