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2012
THE LEGISLATIVE
ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY
DIRECTORS LIABILITY
LEGISLATION AMENDMENT BILL 2012
EXPLANATORY
STATEMENT
Presented by
Simon Corbell
MLA
Attorney General
DIRECTORS LIABILITY LEGISLATION AMENDMENT BILL 2012
Overview of the Bill
The Directors Liability Legislation
Amendment Bill 2012 (the Bill) amends a number of ACT laws which impose
executive liability, to ensure that such liability is appropriately cast.
Directors’ Liability is one of the 27 regulatory reforms under the
Seamless National Economy (SNE) National Partnership Agreement. The reforms aim
to achieve a nationally consistent and principled approach to the imposition of
personal criminal liability of directors or other corporate officers for
corporate fault.
Two key concepts relating to corporations are as
follows:
• A corporation has a separate identity from that of a
director or manager of the corporation. Consequently, a director or manager is
not criminally responsible for an offence committed by a corporation, unless
separate provision for this exists.
• A person (including a director or
manager) can be prosecuted as an accessory to the commission of an offence by a
corporation (for example, by aiding or abetting its commission). This is
referred to as accessorial liability in this note. Accessorial
liability is not altered by this bill – directors and managers will remain
liable as accessories for criminal conduct to which they were an
accessory.
Individual acts impose a more stringent liability (referred to
as executive liability in this note) on a director or manager for
an offence committed by the corporation under the Act concerned. Three types of
executive liability that create an offence on the part of the director or
manager have been identified:
• Type 1 executive responsibility.
This requires the prosecution to prove every element of the offence alleged to
have been committed by the director or manager, including the element (the
responsibility element) that he or she failed to take all reasonable steps to
prevent or stop the commission of the offence by the corporation. The taking of
reasonable steps was often previously referred to as using due
diligence.
• Type 2 executive responsibility. This provides
that the responsibility element is to be presumed without the need for further
proof, unless the director or manager adduces or points to evidence that
suggested a reasonable possibility that there was no such failure to take
reasonable steps.
• Type 3 executive responsibility. This
provides that the responsibility element is to be presumed without the need for
further proof, and that the director or manager bears the burden of proving, on
the balance of probabilities, that there was no such failure to take reasonable
steps.
The object of this bill is to amend certain acts that impose
executive liability so as:
• to change the type of executive liability
that is imposed for certain offences under those acts from type 2 and 3
executive liability to type 1 executive liability; and
• to include
standard provisions for executive liability and accessorial liability.
The bill removes all type 2 and type 3 liability from the Acts being
amended.
Human rights implications
The Directors Liability
Legislation Amendment Bill 2012 may positively engage the right to liberty and
security of person in section 18 of the Human Rights Act 2004 (HRA), by
removing arbitrariness and inconsistency in the casting of liability on
directors.
Section 18(1) of the HRA provides that ‘everyone has the
right to liberty and security of person. In particular, no-one may be
arbitrarily arrested or detained’.
Section 30(1) of the HRA
provides that international law, and the judgements of foreign and international
tribunals, may be considered when working out the nature and extent of a right
in the HRA. Key to section 18(1) of the HRA is the concept of arbitrariness.
In Hugo Van Alphen v The Netherlands (Communication No. 305/1988, 15
August 1990), the United Nations Human Rights Committee held that
‘arbitrariness’ is not to be equated with ‘against the
law’, but must be interpreted more broadly to include elements of
inappropriateness, injustice and lack of predictability.
In Neilsen v
Attorney-General [2001] 3 NZLR 433, Richardson P of the New Zealand Court of
Appeal stated that ‘an arrest or detention is arbitrary if it is
capricious, unreasoned, without reasonable cause: if it is made without
reference to an adequate determining principle or without following proper
procedure’.
Section 18(1) may be engaged where criminal liability
may be found to exist, and a person may lose their liberty as a consequence, in
circumstances which involve elements of inappropriateness or injustice. In
determining the arbitrariness of imprisonment, it is necessary to also consider
arbitrariness in the underlying offence. This view is supported by Lau
Cheong v HKSAR [2002] 2 HKLRD 612: ‘[Hong Kong equivalent of HRA
18(1)] prohibits not merely ‘unlawful’ imprisonment but
‘arbitrary or unlawful’ imprisonment. It envisages that a term of
imprisonment lawfully ordered by nonetheless be ‘arbitrary’. It
follows that such arbitrariness may reside in the substantive rules of criminal
liability whose breach led to the imprisonment ordered’.
The bill
positively engages section 18(1) by removing inconsistency and arbitrariness
from the directors’ liability provisions in the ACT statute book. The
bill removes presumptions of director responsibility (type 2 and 3) and requires
the prosecution to prove responsibility. The bill also introduces greater
clarity and consistency in directors’ liability provisions.
CLAUSE NOTES
Clause 1 Name of Act
This Act is the Directors Liability
Legislation Amendment Act 2012.
Clause
2 Commencement
This clause provides for the commencement of the Act.
The act is to commence the day after the Act’s notification
day.
Clause 3 Legislation amended
This clause provides that
the legislation mentioned in schedule 1 is amended by the Act.
Schedule 1 Legislation amended
Schedule 1 amends the following acts to give effect to the object set out
in the overview above:
Part 1.1
Electricity (Greenhouse Gas
Emissions) Act 2004
Previously, directors and managers could be
prosecuted for a number of offences under section 63 of this Act under the
principles applicable for type 1 executive responsibility. The bill amends
section 63 to provide when a director may be prosecuted for an executive
responsibility offence.
Two offences have been retained as type 1
executive responsibility offences:
• section 35 (Failing to surrender
abatement certificate under order); and
• section 37 (Person improperly
creates abatement certificate).
The element of executive responsibility
has been removed from other offences:
• section 17 (benchmark
participant fails to give a greenhouse gas benchmark statement in accordance
with the section);
• section 27 (person contravenes a condition of the
person’s accreditation as an abatement certificate provider
etc);
• section 55 (fail to provide regulator with information
etc);
• section 56 (disclosing confidential information in
contravention of order); and
• section 62 (benchmark participant or an
accredited abatement certificate provider must not engage in conduct that
contravenes a greenhouse gas benchmark rule).
Charges under these offences
still may be brought against corporations or individuals who have committed the
offence (including directors or managers) but no longer have any special
application to directors or managers.
Part 1.2
Environment
Protection Act 1997
Previously, directors and managers could be
prosecuted for a number of offences under section 147 of this Act under the
principles applicable for type 2 executive responsibility. The bill amends
section 147 to provide when a director may be prosecuted for an executive
responsibility offence.
A number of offences have been recast to permit
directors and managers to be prosecuted under type 1 executive responsibility
offences:
• section 42 (Conducting prescribed classes of activities);
• section 44(1) (Conducting activities other than prescribed
activities);
• section 45(1) (Compliance with authorisation);
• section 91D(9) (Order to remediate land);
• section 126
(Contravention of environment protection order);
• section 137
(Causing serious environmental harm);
• section 138 (Causing material
environmental harm);
• section 139 (Causing environmental harm);
• section 141 (Causing environmental nuisance);
• section
142 (Placing pollutant where it could cause harm);
• section 159A(1)
(National pollutant inventory—provision of information).
The
element of executive responsibility has been removed from other offences in the
Act, including:
• section 23 (Person not notifying authority of
unauthorised environmental situation, its nature and the action taken to deal
with the situation and any environmental harm that has been caused by the
person.)
• section 23A (Lessee or occupier of land not notifying
authority of discovery land is contaminated)
• section 67 (Holder of an
environmental authorisation ceasing permanently to conduct the authorised
activity, failing to notify the authority in writing within 10 working days
of the cessation)
• section 69 (Failing to give Authority environmental
improvement plan on notice)
• section 76 (Failure to conduct
environmental audit on notice from Authority)
• section 77 (Fail to
provide Authority with further information )
• section 78 (5) (Fail to
pass on auditor report within 20 days of receipt)
• section 82 (3)
(Failing to comply with notice requiring preparation of draft emergency
plan)
• section 84 (3) (Failing to comply with notice about emergency
plan)
• section 91C (8) (Failing to comply with order about notice
about conducting land contamination examination)
• section 92 (Person
failing to give fuel sales information to Director-General)
• section
92A (1) (Disclosure of confidential information)
• section 108 (2)
(Interfere or remove seized thing)
• section 111 (Person not giving
name and address)
• section 112 (Obstruct / hinder
analyst)
• section 134 (Contravention of discovery
order)
• section 148 (Fail to notify the transferee of the existence
and content of the instrument)
• section 149 (1) and (4) (Fail to
notify authority of proposed installation, construction or modification to
prescribed equipment or comply with notice for further
information)
• section 150 (Fail to comply with inspector’s
requirement)
• Sch 2, cl 2.2 (Sell article emitting excessive
noise)
• Sch 2, cl 2.3 (2) (Emit pollutant in excess of prescribed
concentration)
• Sch 2, cl 2.4 (2) (Sell non-compliant / not-prescribed
solid fuel-burning equipment)
• Sch 2, cl 2.5 (4) (Interfere with solid
fuel-burning equipment or attached plates)
Part 1.3
Fisheries Act
2000
Previously, directors and managers could be prosecuted for a
number of offences under section 111 of this Act under the principles applicable
for type 2 executive responsibility. The bill amends section 111 to provide
when a director may be prosecuted for an executive responsibility
offence.
A number of offences have been recast to permit directors and
managers to be prosecuted under type 1 executive responsibility offences:
• section 45 (Sale of fish by commercial fishers);
• section
49 (Commercial fishers, priority species licence holders and fish dealers to
supply information);
• section 76 (2) (Importing or exporting live
fish without authority);
• section 76A (Trafficking in commercial
quantity of fish of priority species);
• section 76B (Taking
commercial quantity of fish of priority species);
• section 76C
(Possessing commercial quantity of fish of a priority species);
• section 77 (Possessing fish obtained illegally);
• section
78 (Noxious fish);
• section 80 (1) (Fishing closure offences);
• section 81 (1) (Prohibited size and weight offences);
• section 86 (1) (Non-permitted fishing gear);
• section 87
(1) (Use and possession of commercial gear).
The element of executive
responsibility has been removed from other offences in the Act:
• section 37 (1) (Fish dealer to be registered under Territory law or
under a corresponding law)
• section 46 (1) (Commercial fishing licence
holder fail to keep record of fish taken or sold)
• section 46 (2)
(Commercial fishing licence holder fail make record priority species holder
receives or sells)
• section 46 (3) (Commercial fishing licence holder
fail to make record of all fish received, processed or sold)
• section
47 (1) (Commercial fishing licence holder fail to keep record of fish taken or
sold for 5 years)
• section 47 (2) (Commercial fishing licence holder
fail keep record priority species holder receives or sells for 5
years)
• section 47 (3) (Commercial fishing licence holder fail to keep
record of all fish received, processed or sold for 5 years)
• section
48 (1) (Fail to produce records to conservation officer)
• section 61
(2) (Person not comply with requirements of warrant)
• section 64 (4)
(Person not complying with conservator requirement for name and
address)
• section 65 (2) (Person not complying with direction from
conservation officer to remove fishing gear from water)
• section 74
(1) (Sell or process fish taken from public waters without holding commercial
licence)
• section 74 (2) (Commercial fishing licence holder taking
fish not permitted by licence)
• section 75 (1) (Scientific licence
holder takes fish not permitted by licence)
• section 76 (1)
(Unlicensed import or export of fish)
• section 79 (2) (Releasing live
fish without written approval )
• section 80 (3) (Possess fish taken in
contravention of fishing closure)
• section 81 (2) (Take out of size or
weight fish from public water)
• section 82 (2) (Take excess of
quantity of fish permitted)
• section 83 (1) (Behead or fillet fish in
or beside public )
• section 84 (1) (Use live fin fish as
bait)
• section 85 (1) (Unauthorised use of fishing gear
)
• section 86 (2) (Possess non-permitted fishing gear in or beside
public waters)
• section 87 (1) (Use commercial fishing gear in or
beside public waters)
• section 87 (2) (Possess commercial fishing gear
in or beside public waters)
• section 88 (Unauthorised disturbance or
damage of spawn or spawning fish in public waters)
The definition of
‘executive officer’ is omitted from the Act, as the amendment
includes a new definition of the term.
Part 1.4
Guardianship and
Management of Property Act 1991
Previously, directors and managers
could be prosecuted for one offence under section 74 of this Act (in relation to
the offence in section 72) under the principles applicable for type 2 executive
responsibility.
Section 74 has been reframed in similar terms to other
retained type 1 executive responsibility offences:
• section 72
(Acting contrary to injunctive order)
Part 1.5
Heritage Act 2004
Previously, directors and managers could be prosecuted for a number
of offences under section 116 of this Act under the principles applicable for
type 2 executive responsibility. The bill amends section 116 to provide when a
director may be prosecuted for an executive responsibility offence.
A
number of offences have been recast to permit directors and managers to be
prosecuted under type 1 executive responsibility offences:
• section
65 (Contravention of heritage direction—offence);
• section 74
(Diminishing heritage significance of place or object);
• section 75
(Damaging Aboriginal place or object).
The element of executive
responsibility has been removed from other offences in the Act:
• section 51 (1) (Discover aboriginal place or object and not report
discovery to council)
• section 55 (1) (Publish restricted information
about place or object)
• section 75 (3) (Damage Aboriginal place or
object)
• section 83 (2) (Fail to comply with authorised officer
directions on entry to premises)
• section 84 (5) (Unauthorised
interference with seized thing)
• section 85 (3) (Contravene
requirement to give name and address)
• section 96 (Contravention of
discovery order)
Part 1.6
Medicines, Poisons and Therapeutic Goods
Act 2008
Previously, directors and managers could be prosecuted for
a number of offences under section 172 of this Act under the principles
applicable for ‘type 1 executive responsibility’. The bill amends
section 172 to provide when a director may be prosecuted for an executive
responsibility offence.
A number of offences have been recast to
permit directors and managers to be prosecuted under type 1 executive
responsibility offences:
• section 26 (1) (Supplying declared
substances);
• section 28 (Supplying declared substances on invalid
supply authorities—recklessness);
• section 29 (Supplying
declared substances on invalid supply authorities—other offences);
• section 30 (Cancellation etc of invalid supply authorities for
declared substances);
• section 34 (1), (2) and (3) (Discarding
declared etc substances);
• section 35 (1) (Obtaining certain declared
substances);
• section 36 (Possessing certain declared substances);
• section 37 (1) and (3) (Administering certain declared substances);
• section 38 (1) (Issuing purchase orders for declared substances);
• section 40 (1) and (3) (Prescribing medicines);
• section
41 (Issuing requisitions for medicines);
• section 42 (Issuing
standing orders for medicines);
• section 43 (1) and (2) (Medicines
for animals not to be prescribed etc for human use);
• section 44
(Contravening authorisation conditions for regulated substances);
• section 45 (1) (Pretending to be authorised to deal with regulated
substance);
• section 55 (Registers—changes etc to entries);
• section 59 (1) (Packaging of supplied regulated substances);
• section 60 (1) (Labelling of supplied regulated substances);
• section 61 (Storing declared substances)
• section 64 (2)
(False statements to obtain certain regulated substances etc);
• section 65 (Falsely representing substance is regulated);
• section 68 (Vending machines—use for supply of regulated
substances);
• section 69 (Vending machines—use for supply of
unscheduled medicines);
• section 74 (1) (Supplying regulated
therapeutic goods);
• section 76 (Pretending to be authorised to deal
with regulated therapeutic goods);
• section 77 (Falsely representing
thing is regulated);
• section 96 (1) (Contravening licence
conditions).
The element of executive responsibility has been removed
from other offences in the Act:
• section 26 (2) (Unauthorised self
supply of declared substance to another person)
• section 27 (1)
(Supply declared substance on invalid supply authority)
• section 31
(1) (Fail to give chief health officer required information about controlled
medicine or declared substance supply)
• section 31 (2) (Fail to give
chief health officer required information about controlled medicine or declared
substance supply)
• section 32 (1) (Fail to tell chief health officer
and police about cancelled authority)
• section 32 (2) (Fail to on
occurrence of designated circumstance in relation to a supply of a declared
substance tell chief health officer and police about
authority)
• section 34 (5) (Discard low or moderate harm poison in a
way that puts people or environment at risk)
• section 35 (2) (Obtain
prescription only medicine--unauthorised)
• section 38 (2) (Fail to
comply with requirements of authorised purchase order)
• section 39 (2)
(Fail to report loss of reportable substance)
• section 39 (3) (Fail to
report theft of reportable substance)
• section 45 (Pretending to be
authorised to deal with regulated substance)
• section 46 (1) (Fail to
appropriately keep records)
• section 47 (1) (Fail to keep cancelled
authority for at least 2 years)
• section 49 (1) (Fail to keep register
for regulated substance)
• section 49 (2) (Fail to properly keep
register for regulated substance)
• section 50 (1) (Fail to keep
register of regulated substance at place prescribed)
• section 50 (2)
(Fail to keep register of regulated substance at place
prescribed)
• section 51 (1) (Duty to ensure entries in
register)
• section 52 (1) (Fail to sign entry in registry for
regulated substance)
• section 53 (Fail to sign entry witnessing
administration of medicine)
• section 54 (Witnessing discarding
substance not sign entry)
• section 56 (1) (Fail to keep register for 2
years)
• section 57 (1) (Fail to report material damage, theft, lost or
destruction of register)
• section 57 (2) (Fail to take an inventory as
prescribed by regulation of regulated substances in possession at time of
register being damaged, lost, stolen etc)
• section 60 (2) (Authorised
supplier of regulated substance not labelled )
• section 62 (Person
uses container to store regulated substance where container permanently marked
with different regulated substance)
• section 64 (3) (Person makes
false or misleading statement to obtain reportable substance from person
authorised to administer etc)
• section 66 (1) (Person publishes
advertisement promoting or encouraging use of controlled medicine or prohibited
substance)
• section 75 (1) (Contravention of authorised condition for
regulated therapeutic good when dealing with regulated therapeutic
good)
• section 94 (1) (Licence-holder fail to return
licence)
• section 96 (2) (Licence-holder contravenes licence
condition)
• section 145 (1) (Fail to return licence or
approval)
Part 1.7
Racing Act 1999
Previously,
directors and managers could be prosecuted for a number of offences under
section 61I this Act under the principles applicable for ‘type 1 executive
responsibility’. The bill amends section 61I to provide when a director
may be prosecuted for an executive responsibility offence.
A number
of offences have been recast to permit directors and managers to be prosecuted
under type 1 executive responsibility offences:
• section 4
(Restriction on races for the purpose of betting);
• section 8 (Race
meetings to be conducted in compliance with conditions);
• section 61F
(Offence—use of race field information without approval);
• section 61G (Offence—failing to pay race field information
charge);
• section 61H (Offence—failing to comply with condition
on approval).
The element of executive responsibility has been removed
from other offences in the Act:
• section 13 (Fail to let public know
of special rules involved in conduct of race meeting)
Part
1.8
Radiation Protection Act 2006
Previously, directors and
managers could be prosecuted for a number of offences under section 64 of this
Act under the principles applicable for ‘type 1 executive
responsibility’. The bill amends section 64 to provide when a director
may be prosecuted for an executive responsibility offence.
A number of
offences have been recast to permit directors and managers to be prosecuted
under type 1 executive responsibility offences:
• section 42
(Prohibition on abandoning radiation source);
• section 53 (Failure to
comply with safety duty—general offence);
• section 54 (Failure
to comply with safety duty—exposing people to substantial risk of death or
serious harm);
• section 55 (Failure to comply with safety
duty—causing death or serious harm to people);
• section 56
(Failure to comply with safety duty—exposing property or environment to
substantial risk of substantial damage);
• section 58 (Failure to
comply with condition of licence);
• section 59 (1) and (2) (Dealing
with regulated radiation source without licence);
• section 61
(Failure to comply with condition of registration of radiation source);
• section 62 (Dealings with prohibited radiation source);
• section 63 (1) (Failure to notify council of dangerous event).
The element of executive responsibility has been removed from other
offences in the Act:
• section 59 (3) (Unauthorised personal dealing
with regulated radiation source)
• section 60 (1) (Own unregistered
radiation source)
• section 63 (2) (Fail to give council information
required by council on dangerous event)
Part 1.9
Tree Protection
Act 2005
Previously, directors and managers could be prosecuted for
a number of offences under section 108 this Act under the principles applicable
for ‘type 1 executive responsibility’. The bill amends section 108
to provide when a director may be prosecuted for an executive responsibility
offence.
A number of offences have been recast to permit directors and
managers to be prosecuted under type 1 executive responsibility offences:
• section 15 (Damaging protected trees—general);
• section 16 (2), (3) or (4) (Damaging protected trees—work done
as part of a business);
• section 17 (1) or (2) (Doing prohibited
groundwork—general);
• section 18 (2) or (3) (Doing prohibited
groundwork—work done as part of a business).
The element of
executive responsibility has been removed from other offences in the Act:
• section 16 (5) (Damage tree through work )
• section 17 (3)
(Doing prohibited groundwork at certain place)
• section 18 (4) (Doing
prohibited groundwork as part of business at certain place in
business)
• section 20 (2) (Contravene tree protection condition of
development approval)
• section 20 (3) (Contravene tree protection
condition of development approval while part of business)
• section 30
(1) (Contravention of condition of approval)
• section 78
(Intentionally contravene tree protection direction)
Part
1.10
Unlawful Gambling Act 2009
Previously, directors and
managers could be prosecuted for a number of offences under section 34 of this
Act under the principles applicable for ‘type 1 executive
responsibility’. The bill amends section 34 to provide when a director
may be prosecuted for an executive responsibility offence.
A number of
offences have been recast to permit directors and managers to be prosecuted
under type 1 executive responsibility offences:
• section 23
(Cheating);
• section 24 (Arranging unlawful gambling);
• section 25 (Conducting unlawful gambling);
• section 26
(Owning etc place used for unlawful gambling);
• section 27
(Advertising etc unlawful gambling or place where unlawful gambling conducted);
• section 30 (Receiving proceeds from unlawful gambling);
• section 31 (Possessing instrument of gambling).
The element
of executive responsibility has been removed from other offences in the Act:
• section 27 (Advertising unlawful gambling etc)
• section 28
(Invite child to bet)
• section 32 (Fail to conduct game in accordance
with approval)
• section 33 (Person conducting two-up game – fail
to comply with rules regarding charging)
Part 1.11
Waste
Minimisation Act 2001
Previously, directors and managers could be
prosecuted for a number of offences under section 53 of this Act under the
principles applicable for ‘type 3 executive responsibility’. The
bill amends section 53 to provide when a director may be prosecuted for an
executive responsibility offence.
A number of offences have been recast
to permit directors and managers to be prosecuted under type 1 executive
responsibility offences:
• section 11 (Industry members may be
required to give background information);
• section 18 (5)
(Contravention of IWRP);
The element of executive responsibility has
been removed from other offences in the Act:
• section 12 (5) (Offence
for each day for which contravention of s 12 (4)
continues)
• section 18 (6) (Offence for each day for which
contravention of s 18 (5) continues)
• section 35 (2) (Person not
complying with authorised officer on entry to property)
• section 36
(4) (Person not given personal details when required by authorised
officer)
• section 37 (5) (Interfere with seized goods)
Part
1.12
Water Resources Act 2007
Previously, directors and
managers could be prosecuted for a number of offences under section 104 of this
Act under the principles applicable for ‘type 2 executive
responsibility’. The bill amends section 104 to provide when a director
may be prosecuted for an executive responsibility offence.
A number of
offences have been recast to permit directors and managers to be prosecuted
under type 1 executive responsibility offences:
• section 77C
(Offence—do waterway work without licence);
• section 77H
(Offence—contravene notice prohibiting or restricting taking of water);
• section 77I (Offences—contravene directions).
The
element of executive responsibility has been removed from other offences in the
Act:
• section 77A (1) (Take surface water without
licence)
• section 77A (2) (Owner of land take ground water from bore
without licence)
• section 77A (4) ()
• section 77B (1)
(Person does unlicensed drilling work for bore)
• section 77B (2) (Land
occupier permits unlicensed drilling work for bore)
• section 77B (3)
(Licensed driller for bore work does drilling on land where occupier does not
have licence)
• section 77D (Person does certain work without recharge
licence)
• section 77E (1) (Fail to produce licence)
• section
77F (1) (Contravene licence condition )
• section 77G (1) (Licence
holder contravene water taking licence condition - fail to install water
meter)
• section 77G (2) (Licence holder contravene water taking
licence condition - fail to maintain working water meter)
• section
77G (3) (Licence holder contravene water taking licence condition - fail to
record water meter readings as required)
• section 77G (4) (Licence
holder contravene water taking licence condition - fail to fail to give
authority meter readings )
• section 77G (5) (Licence holder contravene
water taking licence condition - fail to record water meter readings as
required)
• section 82 (2) (Not comply with direction of authorised
officer on entry to premises)
• section 83 (7) (Interfere with seized
thing etc)
• section 84 (4) (Not give personal details on request from
authorised officer)
Part 1.13
Workers Compensation Act 1951
Previously, directors and managers could be prosecuted for a number
of offences under section 203 of this Act under the principles applicable for
type 2 executive responsibility. The bill amends section 203 to provide when a
director may be prosecuted for an executive responsibility offence.
A
number of offences have been recast to permit directors and managers to be
prosecuted under type 1 executive responsibility offences:
• section
152 (Compulsory insurance—insurers);
• section 155 (2)
(Information for insurers on application for issue or renewal of policies);
• section 156 (2) (Information for insurers after renewal of
policies);
• section 158 (2) (Information for new insurers after
change of insurers);
• section 162 (False information causing lower
premium);
• section 163 (Employment after 2nd offence).
The
element of executive responsibility has been removed from other offences in the
Act:
• section 92 (3) (Manager of mine or quarry, or occupier of
factory, workshop, office or shop, fail to ensure register is kept in accordance
with subsection (2))
• section 126 (1) (Employer fail to forward claim
to insurer within 7 days)
• section 126 (2) (Fail to give insurer
requested additional information within 7 days)
• section 126 (3) (Fail
to immediately pay receipted money to person entitled to
compensation)
• section 142 (Employer fail to provide worker with
vocational rehabilitation compliant with Act)
• section 155 (3)
(Employer failing to give the insurer, with application, a statement of
employer’s estimate for proposed insurance period)
• section 156
(3) (Employer fail to give insurer statement of wages of all workers for the
period)
• section 157 (Fail to, on ending or cancelling policy, give
insurer statement of total wages during insured period)
• section 158
(3) (Employer fail to give s 157 (2) statement to new
insurer)
• section 159 (Employer fail to give 6 monthly report to
insurer)
• section 162 (1) (Employer give false information to insurer
through relevant statement)
• section 164 (Person given provision of
information to Minister notice failing to give information)
• section
176 (Insurer charging employer more than maximum rate on
premium)
• section 190 (3) (Person failing to give information to
inspector on being given written notice)
• section 191 (5) (Contravene
entry and inspection requirements )
• section 200 (2) (Person in
receipt of secret information discloses information contrary to
authorisation)