Executive officer may be taken to have committed offence against s 108(1)
123 Executive officer may be taken to have committed offence against s 108(1)
If a body corporate commits an offence against section 108(1), each executive officer of the body corporate is taken to have also committed the offence if—
the officer authorised or permitted the body corporate’s conduct constituting the offence; or
the officer was, directly or indirectly, knowingly concerned in the body corporate’s conduct.
The executive officer may be proceeded against for, and convicted of, the offence against section 108(1) whether or not the body corporate has been proceeded against for, or convicted of, the offence.
This section does not affect either of the following—
the liability of the body corporate for the offence against section 108(1);
the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the body corporate, for the offence against section 108(1).
In this section—
executive officer, of a body corporate, means a person who is concerned with, or takes part in, the body corporate’s management, whether or not the person is a director or the person’s position is given the name of executive officer.
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