Executive officer may be taken to have committed offence
412B Executive officer may be taken to have committed offence
If a company commits an offence against a deemed executive liability provision, each executive officer of the company is taken to have also committed the offence if—
the officer authorised or permitted the company’s conduct constituting the offence; or
the officer was, directly or indirectly, knowingly concerned in the company’s conduct.
The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the company has been proceeded against for, or convicted of, the offence.
This section does not affect either of the following—
the liability of the company for the offence against the deemed executive liability provision;
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 deemed executive liability provision.
In this section—
deemed executive liability provision means—
any of the following provisions of this Act—
• section 20(5)
• section 335C(1)
• section 404
• section 404D(1); or
either of the following provisions of the Common Provisions Act—
• section 39(1)
• section 43(1).
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