Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_19g
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 19G
Character Range: 212920–214121

19G  Offence committed by a body corporate—liability of directors etc.

 (1) If a physical element of an offence is committed by a body corporate, the physical element must also be attributed to each person who is:
 (a) a director of the body corporate; or
 (b) an employee, agent or officer of the body corporate with duties of such responsibility that his or her conduct may fairly be assumed to represent the body corporate's policy.

 (2) If intention, knowledge or recklessness is a fault element in relation to a physical element of the offence, that fault element must be attributed to a director of the body corporate if the director:
 (a) intentionally, knowingly or recklessly carried out the relevant conduct; or
 (b) expressly, tacitly or impliedly authorised or permitted the commission of the offence.

 (3) If intention, knowledge or recklessness is a fault element in relation to a physical element of the offence, that fault element must be attributed to a person mentioned in paragraph (1)(b) if the person:
 (a) intentionally, knowingly or recklessly carried out the relevant conduct; or
 (b) expressly, tacitly or impliedly authorised or permitted the commission of the offence.