Document ID: chunk:federal_register_of_legislation:C2007A00088:clause:1_23dzzit
Version: federal_register_of_legislation:C2007A00088
Segment Type: clause
Provision Reference: sch 1 cl 23DZZIT
Character Range: 41267–42101

23DZZIT  Application of this Division 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 Division; 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: In making a determination for the purposes of paragraph (1)(d), a court is to have regard to the matters set out in section 23DZZIH.

 (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.