Document ID: chunk:federal_register_of_legislation:C2024C00800:section:245at
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 245AT
Character Range: 700407–701727

245AT  Criminal liability of executive officers of bodies corporate
 (1) An executive officer of a body corporate commits an offence if:
 (a) the body commits an offence (the sponsorship‑related offence) against this Subdivision; and
 (b) the officer knew that, or was reckless or negligent as to whether, the sponsorship‑related offence would be committed; and
 (c) the officer was in a position to influence the conduct of the body in relation to the sponsorship‑related offence; and
 (d) the officer failed to take all reasonable steps to prevent the sponsorship‑related offence being committed.
Penalty: 360 penalty units.
 (2) In determining whether the executive officer of the body corporate failed to take all reasonable steps to prevent the sponsorship‑related offence being committed by the body, a court must have regard to:
 (a) what action (if any) the officer took towards ensuring that the body's employees, agents and contractors had a reasonable knowledge and understanding of the requirements to comply with this Subdivision, insofar as those requirements affected the employees, agents or contractors concerned; and
 (b) what action (if any) the officer took when he or she became aware that the body was committing the sponsorship‑related offence.
 (3) Subsection (2) does not limit subsection (1).