Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 97(2)
Omit "servant", substitute "employee".
2 Section 164 (heading)
Repeal the heading, substitute:
164 Conduct of directors, employees and agents
3 Paragraph 164(1)(a)
Omit "servant", substitute "employee".
4 Paragraph 164(1)(a)
Omit "within the scope of his or her actual or apparent authority".
5 Paragraph 164(1)(b)
Omit "servant", substitute "employee".
6 Subsection 164(2)
Repeal the subsection, substitute:
(2) Any conduct engaged in by a director, employee or agent of a body corporate is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to prevent the conduct.
(2A) For the purposes of subsection (2), in determining whether a body corporate took reasonable precautions and exercised due diligence to prevent conduct engaged in by a director, employee or agent of the body corporate, the matters to which regard is to be had include:
(a) any action the body corporate took to inform the director, employee or agent of the legal obligations of the body corporate, director, employee or agent, in relation to the conduct; and
(b) any action the body corporate took to ensure that those obligations were understood and complied with by the director, employee or agent; and
(c) when any such action was taken; and
(d) whether there were any other actions that the body corporate could reasonably have taken that may have prevented the conduct.
7 Paragraph 164(3)(a)
Omit "a servant", substitute "an employee".
8 Paragraph 164(3)(a)
Omit "within the scope of his or her actual or apparent authority".
9 Paragraph 164(3)(b)
Omit "servant", substitute "employee".
10 Subsection 164(4)
Repeal the subsection, substitute:
(4) Any conduct engaged in by an employee or agent of a person other than a body corporate is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the person unless the person establishes that the person took reasonable precautions and exercised due diligence to prevent the conduct.
(4A) For the purposes of subsection (4), in determining whether a person took reasonable precautions and exercised due diligence to prevent conduct engaged in by an employee or agent of the person, the matters to which regard is to be had include:
(a) any action the person took to inform the employee or agent of the legal obligations of the person, employee or agent, in relation to the conduct; and
(b) any action the person took to ensure that those obligations were understood and complied with by the employee or agent; and
(c) when any such action was taken; and
(d) whether there were any other actions that the person could reasonably have taken that may have prevented the conduct.
11 Paragraph 164(5)(b)
After "had", insert "not".
12 Application
(1) The amendments made by items 4, 6, 8 and 10 of this Schedule apply in relation to conduct that occurs on or after the commencement of those items.
(2) The amendment made by item 11 of this Schedule applies in relation to convictions that occur on or after the commencement of that item.