Commonwealth Consolidated Acts

FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 102

Offences authorised or permitted by officers

  (1)   A person commits an offence if:

  (a)   the person is an officer of a corporation; and

  (b)   the corporation is convicted of an offence against this Act; and

  (c)   the person authorised or permitted the commission of the offence by the corporation.

Note:   An officer may also be liable to an offence as a result of Part   2.4 of the Criminal Code (extensions of criminal responsibility).

Contraventions of civil penalty provisions authorised or permitted by officers

  (2)   An officer of a corporation is liable to a civil penalty if:

  (a)   a civil penalty order under the Regulatory Powers Act is made against the corporation in relation to a contravention of a civil penalty provision of this Act; and

  (b)   the officer authorised or permitted the contravention of the civil penalty provision by the corporation.

Note:   An officer may also be liable to a civil penalty as a result of section   92 of the Regulatory Powers Act (ancillary contravention of civil penalty provisions).

Maximum penalty

  (3)   The maximum penalty for a contravention of subsection   (1) or (2) is the maximum penalty that would apply if the officer had committed the offence mentioned in paragraph   (1)(b) or contravened the civil penalty provision mentioned in paragraph   (2)(a).