Commonwealth Consolidated Acts

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Application of this Division to an executive officer of a body corporate

  (1)   An executive officer of a body corporate commits an offence if:

  (a)   the body corporate commits an offence against this Division; 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:   In making a determination for the purposes of paragraph   (1)(d), a court is to have regard to the matters set out in section   23DZZIH.

  (2)   The maximum penalty for an offence against subsection   (1) is the maximum penalty that a Court could impose in respect of an individual for the offence committed by the body corporate.

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