Document ID: chunk:federal_register_of_legislation:C2025C00022:section:364b:p1
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 364B (pt 1/2)
Character Range: 585373–588392

364B  Criminal liability for executive officers of bodies corporate

Basic contravention
 (1) An executive officer of a body corporate commits an offence if:
 (a) the body corporate commits an offence by contravening any of the following provisions:
 (i) subsection 30(2);
 (ii) subsection 33(2);
 (iii) subsection 33(6);
 (iv) subsection 34(2);
 (v) subsection 37(2);
 (vi) subsection 37(6);
 (vii) subsection 38(2);
 (viii) subsection 41(2);
 (ix) subsection 41(5);
 (x) subsection 42(2);
 (xi) subsection 45(2);
 (xii) subsection 45(5);
 (xiii) subsection 46(2);
 (xiv) subsection 47(2);
 (xv) subsection 48(2);
 (xvi) subsection 49(2);
 (xvii) subsection 184(2);
 (xviii) subsection 184(6);
 (xix) subsection 217(2);
 (xx) subsection 217(6);
 (xxi) subsection 320(2);
 (xxii) subsection 427A(2); and
 (b) the officer knew that, or was reckless or negligent as to whether, the contravention would occur; and
 (c) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
 (d) the officer failed to take all reasonable steps to prevent the contravention.
Penalty: Imprisonment for 8 years or 480 penalty units, or both.

Contravention involving intention to obtain commercial advantage or economic consequences for Australia
 (2) An executive officer of a body corporate commits an offence if:
 (a) the body corporate commits an offence by contravening any of the following provisions:
 (i) subsection 31(2);
 (ii) subsection 32(2);
 (iii) subsection 35(2);
 (iv) subsection 36(2);
 (v) subsection 39(2);
 (vi) subsection 40(2);
 (vii) subsection 43(2);
 (viii) subsection 44(2); and
 (b) the officer knew that, or was reckless or negligent as to whether, the contravention would occur; and
 (c) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
 (d) the officer failed to take all reasonable steps to prevent the contravention.
Penalty: Imprisonment for 10 years or 5,000 penalty units, or both.

Contravention involving making false or misleading representation about non‑prescribed goods that are entered for export
 (3) An executive officer of a body corporate commits an offence if:
 (a) the body corporate commits an offence by contravening subsection 50(2); and
 (b) the officer knew that, or was reckless or negligent as to whether, the contravention would occur; and
 (c) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
 (d) the officer failed to take all reasonable steps to prevent the contravention.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.

Reasonable steps to prevent contravention
 (4) For the purposes of paragraph (1)(d), (2)(d) or (3)(d), in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention, a court may have regard to all relevant matters, including:
 (a) what action (if any) the officer took directed towards