Racing and Wagering Act 2024

(1) An executive officer of a body corporate is criminally responsible for an offence against this Act committed by the body corporate.

(2) It is a defence to a prosecution for an offence under subsection (1) if the defendant establishes that the defendant:

(a) was not in a position to influence the conduct of the body corporate in relation to the commission of the offence; or

(b) took reasonable steps to prevent the commission of the offence; or

(c) did not know, and could not reasonably have been expected to know, that the offence would be committed.

(3) The defendant has a legal burden of proof in relation to a matter referred to in subsection (2).

(4) In deciding whether the defendant took reasonable steps to prevent the commission of the offence, a court of competent jurisdiction must consider the following to the extent relevant:

(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the Act; or

(ii) the body corporate implemented any appropriate recommendation arising from an assessment referred to in subparagraph (i); or

(iii) the body corporate's employees and agents had reasonable knowledge and understanding of the requirement to comply with the provision to which the offence relates;

(b) any action the defendant took after the defendant became aware that the offence could be, or was about to be, committed.

(5) Subsection (4) does not limit the matters the court may consider.

(6) This section does not affect the liability of the body corporate.

(7) This section applies to an executive officer whether or not the body corporate is prosecuted for, or found guilty of, the offence for which the executive officer is prosecuted.

(8) Without limiting any other defence available to the executive officer, an executive officer may rely on a defence that would be available to the body corporate if it were prosecuted for the offence for which the executive officer is prosecuted and, in so doing, the executive officer bears the same burden of proof that the body corporate would bear.

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.