Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_54b
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 54B
Character Range: 147580–149194

54B  Application of this Act to an executive officer of a body corporate

 (1) An executive officer of a body corporate commits an offence if:
 (a) the body corporate commits an offence against 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 all reasonable steps to prevent the commission of the offence.

Note: An offence against this Act includes an offence against the regulations: see subsection 3(7).

 (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) An executive officer of a body corporate contravenes this subsection if:
 (a) the body corporate contravenes a civil penalty provision; 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 all reasonable steps to prevent the contravention.

 (4) The maximum civil penalty for a contravention of subsection (3) 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.

 (5) In this section:

executive officer of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.