Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence against this Act covered by section 54BA; and
(b) the officer knew that the offence would be committed; and
(c) the officer was in a position to influence the conduct of the body in relation to the commission of the offence; and
(d) the officer failed to take all reasonable steps to prevent the commission of the offence.
Note: An offence against this Act includes an offence against the regulations: see subsection 3(7).
(2) The maximum penalty for an offence against subsection (1) is:
(a) the maximum penalty that a court could impose in respect of an individual for the offence committed by the body corporate; or
(b) if the offence committed by the body corporate is an offence against subsection 41MN(10)--imprisonment for 5 years or 4,000 penalty units, or both.
(3) An executive officer of a body corporate contravenes this subsection if:
(a) the body corporate contravenes a civil penalty provision; and
(b) the officer knew that the contravention would occur; and
(c) the officer was in a position to influence the conduct of the body in relation to the contravention; and
(d) the officer failed to take all reasonable steps to prevent the contravention.
(4) The maximum civil penalty for a contravention of subsection (3) is:
(a) the maximum civil penalty that a court could impose in respect of an individual for the civil penalty provision contravened by the body corporate; or
(b) if the civil penalty provision contravened by the body corporate is subsection 41MNA(3)--5,000 penalty units.
(5) In this section:
"executive officer" of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.