Liability of executive officer—particular offences committed by company
412A Liability of executive officer—particular offences committed by company
An executive officer of a company commits an offence if—
the company commits an offence against an executive liability provision; and
the officer did not take all reasonable steps to ensure the company did not engage in the conduct constituting the offence.
Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.
In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to—
whether the officer knew, or ought reasonably to have known, of the company’s conduct constituting the offence against the executive liability provision; and
whether the officer was in a position to influence the company’s conduct in relation to the offence against the executive liability provision; and
any other relevant matter.
The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the company has been proceeded against for, or convicted of, the offence against the executive liability provision.
This section does not affect any of the following—
the liability of the company for the offence against the executive liability provision;
the liability, under section 412B, of the executive officer for the offence against section 404D(1);
the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the company, for the offence against the executive liability provision.
In this section—
executive liability provision means any of the following provisions—
• section 402(1)
• section 403(1)
• section 404D(1).
executive officer, of a company, means a person who is concerned with, or takes part in, the management of the company, whether or not the person is a director or the person’s position is given the name of executive officer.
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