Commonwealth Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 104

Liability of body corporate managers

Body corporate managers generally

  (1)   A body corporate manager commits an offence if:

  (a)   the body corporate commits an offence against this Part; and

  (b)   the manager knew that the offence would be committed; and

  (c)   the manager was in a position to influence the conduct of the body corporate in relation to the commission of the offence; and

  (d)   the manager failed to take all reasonable steps to prevent the commission of the offence.

State/Territory body corporate managers

  (2)   A State/Territory body corporate manager for a State or Territory commits an offence if:

  (a)   the body corporate commits an offence against this Part within the State or Territory; and

  (b)   the manager knew that the offence would be committed; and

  (c)   the manager was in a position to influence the conduct of the body corporate in relation to the commission of the offence; and

  (d)   the manager failed to take all reasonable steps to prevent the commission of the offence.

Maximum penalties

  (3)   The maximum penalty for an offence against subsection   ( 1) or (2) is one - fifth of the maximum penalty that could be imposed for the offence committed by the body corporate, subject to subsection   ( 4).

  (4)   An offence against subsection   ( 1) or (2) that relates to an offence committed by a body corporate against subsection   103(2) (supplying 5 or more items in or to a prescribed area) is punishable by either or both of the following:

  (a)   a pecuniary penalty not exceeding 200 penalty units;

  (b)   imprisonment for a term not exceeding 2 years.


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