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:
(i) this Part (other than section 18, 27, 30, 31 or 32); or
(ii) section 6 of the Crimes Act 1914 , or section 11.1, 11.4 or 11.5 of the Criminal Code , in relation to an offence covered by subparagraph ( i); or
(iii) section 136.1, 137.1 or 137.2 of the Criminal Code in relation to this Act; 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 reasonable steps to prevent the commission of the offence.
(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.
(3) Section 15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to an offence against subsection ( 1).
(4) An executive officer of a body corporate contravenes this subsection if:
(a) the body corporate contravenes a civil penalty provision of this Part (other than section 18, 27, 30, 31 or 32); 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 reasonable steps to prevent the contravention.
(5) The maximum civil penalty for a contravention of subsection
( 4) is the maximum civil penalty that a court could impose in respect
of an individual for the civil penalty provision contravened by the body
corporate.