Document ID: chunk:federal_register_of_legislation:C2025C00016:section:33
Version: federal_register_of_legislation:C2025C00016
Segment Type: section
Provision Reference: s 33
Character Range: 47760–49549

33  Personal liability of an executive officer of a body corporate

Offence
 (1) An executive officer of a body corporate commits an offence if:
 (a) the body corporate commits an offence against:
 (i) this Part (other than section 18, 27, 30, 31 or 32); or
 (ii) section 6 of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, in relation to an offence covered by subparagraph (i); or
 (iii) section 136.1, 137.1 or 137.2 of the Criminal Code in relation to this Act; and
 (b) the officer knew that the offence would be committed; and
 (c) the officer was in a position to influence the conduct of the body in relation to the commission of the offence; and
 (d) the officer failed to take reasonable steps to prevent the commission of the offence.
 (2) The maximum penalty for an offence against subsection (1) is the maximum penalty that a court could impose in respect of an individual for the offence committed by the body corporate.
 (3) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

Civil penalty provision
 (4) An executive officer of a body corporate contravenes this subsection if:
 (a) the body corporate contravenes a civil penalty provision of this Part (other than section 18, 27, 30, 31 or 32); and
 (b) the officer knew that the contravention would occur; and
 (c) the officer was in a position to influence the conduct of the body in relation to the contravention; and
 (d) the officer failed to take reasonable steps to prevent the contravention.
 (5) The maximum civil penalty for a contravention of subsection (4) is the maximum civil penalty that a court could impose in respect of an individual for the civil penalty provision contravened by the body corporate.