Document ID: chunk:federal_register_of_legislation:C2013A00027:clause:4_6
Version: federal_register_of_legislation:C2013A00027
Segment Type: clause
Provision Reference: sch 4 cl 6
Character Range: 19150–20342

6  Subsection 164(2)
Repeal the subsection, substitute:
 (2) Any conduct engaged in by a director, employee or agent of a body corporate is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to prevent the conduct.
 (2A) For the purposes of subsection (2), in determining whether a body corporate took reasonable precautions and exercised due diligence to prevent conduct engaged in by a director, employee or agent of the body corporate, the matters to which regard is to be had include:
 (a) any action the body corporate took to inform the director, employee or agent of the legal obligations of the body corporate, director, employee or agent, in relation to the conduct; and
 (b) any action the body corporate took to ensure that those obligations were understood and complied with by the director, employee or agent; and
 (c) when any such action was taken; and
 (d) whether there were any other actions that the body corporate could reasonably have taken that may have prevented the conduct.