Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:5_61aoa
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 5 cl 61AOA
Character Range: 149877–150768

61AOA  Criminal liability of executive officers of bodies corporate

 (1) If:
 (a) a body corporate commits an offence against Part VAA (other than Division 6); and
 (b) an executive officer of the body was reckless as to whether the offence would be committed; and
 (c) the officer was in a position to influence the conduct of the body in relation to the offence; and
 (d) the officer failed to take all reasonable steps to prevent the offence being committed;
the officer commits an offence.

 (2) An offence against subsection (1) is punishable on conviction by:
 (a) imprisonment for a term not exceeding the term specified for the offence committed by the body corporate; or
 (b) if no term of imprisonment is specified for the offence committed by the body corporate—a pecuniary penalty not exceeding the pecuniary penalty specified for the offence committed by the body corporate.