Liability of executive officers of body corporate
101 Liability of executive officers of body corporate
(1) If a body corporate commits an offence against this Act (the principal offence):
(a) each executive officer of the body corporate commits an offence (the secondary offence); and
(b) the officer is liable to the penalty applicable to an individual who commits the principal offence.
However, it is a defence for an executive officer to establish:
(a) the officer did not know, and could not reasonably have been expected to know, the principal offence was to be or was being committed; or
(b) the officer exercised due diligence to prevent the commission of the principal offence.
(3) The executive officer may be found guilty of the secondary offence even though the body corporate has not been charged with, or found guilty of, the principal offence.
(4) This section does not affect the liability of the body corporate for the principal offence.
In this section:
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
This Act’s bill:Explanatory statementSecond reading speech
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