Executive officer may be taken to have committed offence
214 Executive officer may be taken to have committed offence
If a corporation commits an offence against a serious offence provision, each executive officer of the corporation is taken to have also committed the offence if—
the officer authorised or permitted the corporation’s conduct constituting the offence; or
the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.
The executive officer may be proceeded against for, and convicted of, the offence whether or not the corporation has been proceeded against for, or convicted of, the offence.
This section does not affect either of the following—
the liability of the corporation for the offence;
the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence.
In this section—
serious offence provision means each of the following provisions—
• a provision of chapter 2, part 1, division 1
• sections 42, 43, 44, 46, 47, 48, 71, 93(1) and (3), 94, 110, 116 and 125.
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