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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Miscellaneous Acts Amendment
(Directors' Liability) Bill 2011
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Acts and Regulations 3
b2010-141-36.d08
New South Wales
Miscellaneous Acts Amendment
(Directors' Liability) Bill 2011
No , 2011
A Bill for
An Act to amend certain Acts and Regulations with respect to the imposition of
personal liability on directors and other individuals for offences committed by
corporations.
Clause 1 Miscellaneous Acts Amendment (Directors' Liability) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Miscellaneous Acts Amendment (Directors' Liability) 3
Act 2011. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Miscellaneous Acts Amendment (Directors' Liability) Bill 2011
Amendment of Acts and Regulations Schedule 1
Schedule 1 Amendment of Acts and Regulations 1
1.1 Agricultural Industry Services Act 1998 No 45 2
Section 50 Directors and managers liable for offences committed by 3
corporations 4
Omit section 50 (2). Insert instead: 5
(1A) Subsection (1) does not apply in respect of a contravention of 6
section 33 (1) or 48. 7
(2) A person may be proceeded against and convicted under a 8
provision pursuant to subsection (1) whether or not the 9
corporation has been proceeded against or been convicted under 10
the provision. 11
1.2 Animal Diseases (Emergency Outbreaks) Act 1991 No 73 12
Section 73 Offences by officers of corporations 13
Insert after section 73 (1): 14
(1A) Subsection (1) does not apply in respect of a contravention of 15
section 24 (4). 16
1.3 Apiaries Act 1985 No 16 17
Section 43 Offences by officers of corporations 18
Omit section 43 (1). Insert instead: 19
(1) If a corporation contravenes, whether by act or omission, section 20
21, 22 (3), 23 (6) or (10), 24 (7), 24A (3), 26 (5) or (6) or 27 (5), 21
each person who is an officer of the corporation is taken to have 22
contravened the same provision if the person knowingly 23
authorised or permitted the contravention. 24
1.4 Building and Construction Industry Long Service Payments 25
Act 1986 No 19 26
[1] Section 63 Offences by corporations 27
Insert "(other than section 31A)" after "any provision of this Act" in section 28
63 (1). 29
Page 3
Miscellaneous Acts Amendment (Directors' Liability) Bill 2011
Schedule 1 Amendment of Acts and Regulations
[2] Section 63 (1A) 1
Insert after section 63 (1): 2
(1A) If a corporation contravenes, whether by act or omission, section 3
31A, each person who is a director of the corporation, or who is 4
concerned in the management of the corporation, is taken to have 5
contravened the same provision if the person knowingly 6
authorised or permitted the contravention. 7
1.5 Children and Young Persons (Care and Protection) Act 1998 8
No 157 9
[1] Section 258 Offences by corporations 10
Insert "(other than section 219J or 219ZB)" after "any provision of this Act" 11
in section 258 (1). 12
[2] Section 258 (1A) 13
Insert after section 258 (1): 14
(1A) If a corporation contravenes, whether by act or omission, section 15
219J or 219ZB, each person who is a director of the corporation, 16
or who is concerned in the management of the corporation, is 17
taken to have contravened the same provision if the person 18
knowingly authorised or permitted the contravention. 19
[3] Section 258 (2) 20
Insert "or (1A)" after "subsection (1)". 21
1.6 Classification (Publications, Films and Computer Games) 22
Enforcement Act 1995 No 63 23
[1] Section 62 Offences by corporations 24
Insert "(other than section 9 (2) or (4), 12 (1), 13 (1) or 30 (2))" after "any 25
provision of this Act" in section 62 (1). 26
[2] Section 62 (1A) 27
Insert after section 62 (1): 28
(1A) If a corporation contravenes, whether by act or omission, section 29
9 (2) or (4), 12 (1), 13 (1) or 30 (2), each person who is a director 30
of the corporation, or who is concerned in the management of the 31
corporation, is taken to have contravened the same provision if 32
the person knowingly authorised or permitted the contravention. 33
Page 4
Miscellaneous Acts Amendment (Directors' Liability) Bill 2011
Amendment of Acts and Regulations Schedule 1
1.7 Conveyancers Licensing Act 2003 No 3 1
Section 160 Offences by corporations 2
Insert after section 160 (1): 3
(1A) Subsection (1) does not apply in respect of a contravention of 4
section 58, 59, 60, 77 or 83 (1). 5
1.8 Electricity (Consumer Safety) Act 2004 No 4 6
Section 45 Corporations 7
Omit section 45 (1). Insert instead: 8
(1) If a corporation contravenes, whether by act or omission, any 9
provision of this Act or the regulations, each person who is a 10
director of the corporation or who is concerned in the 11
management of the corporation is taken to have contravened the 12
same provision unless the person satisfies the court that: 13
(a) the corporation contravened the provision without the 14
knowledge of the person, or 15
(b) the person was not in a position to influence the conduct of 16
the corporation in relation to its contravention of the 17
provision, or 18
(c) the person, being in such a position, used all due diligence 19
to prevent the contravention by the corporation. 20
1.9 Fertilisers Act 1985 No 5 21
Section 36 Offences by corporations 22
Omit the section. 23
1.10 Food Act 2003 No 43 24
Section 122 Offences by corporations 25
Insert after section 122 (1): 26
(1A) Subsection (1) does not apply in respect of a contravention of a 27
provision of the regulations that is declared by the regulations to 28
be an excluded provision for the purposes of this section. 29
Page 5
Miscellaneous Acts Amendment (Directors' Liability) Bill 2011
Schedule 1 Amendment of Acts and Regulations
1.11 Food Regulation 2010 1
Clause 171 2
Insert after clause 170: 3
171 Offences by corporations 4
The provisions of clause 32 (1) and (2) are declared to be 5
excluded provisions for the purposes of section 122 of the Act. 6
1.12 Funeral Funds Act 1979 No 106 7
Section 90 Offences by corporation 8
Insert after section 90 (1): 9
(1A) Subsection (1) does not apply in respect of a contravention of: 10
(a) section 16B (2) or 109, or 11
(b) a provision of the regulations that is declared by the 12
regulations to be an excluded provision for the purposes of 13
this section. 14
1.13 Funeral Funds Regulation 2006 15
Clause 20A 16
Insert after clause 20: 17
20A Offences by corporation 18
Clauses 13, 14, 15 and 19 are declared to be excluded provisions 19
for the purposes of section 90 of the Act. 20
1.14 Holiday Parks (Long-term Casual Occupation) Act 2002 21
No 88 22
Section 44 Offences by corporations 23
Omit section 44 (1). Insert instead: 24
(1) If a corporation contravenes, whether by act or omission, any 25
provision of this Act or the regulations, each person who is a 26
director of the corporation, or who is concerned in the 27
management of the corporation, is taken to have contravened the 28
same provision if the person knowingly authorised or permitted 29
the contravention. 30
(1A) Subsection (1) does not apply in respect of a contravention of 31
section 9 or 10. 32
Page 6
Miscellaneous Acts Amendment (Directors' Liability) Bill 2011
Amendment of Acts and Regulations Schedule 1
1.15 Home Building Act 1989 No 147 1
Section 137 Offence by body corporate--liability of directors etc 2
Insert after section 137 (1): 3
(1A) Subsection (1) does not apply in respect of a contravention of a 4
provision of Division 3 of Part 6A. 5
1.16 Industrial Relations Act 1996 No 17 6
Section 400 Offences by corporation 7
Insert after section 400 (1): 8
(1A) Subsection (1) does not apply in respect of a contravention of 9
section 361. 10
1.17 Land Sales Act 1964 No 12 11
Section 25 Liability of directors of corporations 12
Omit the section. 13
1.18 Mining Act 1992 No 29 14
Section 378F Offences by corporations 15
Insert after section 378F (1): 16
(1A) Subsection (1) does not apply in respect of a contravention of 17
section 258 (2). 18
1.19 Motor Vehicle Repairs Act 1980 No 71 19
Section 88 Offences by corporation 20
Insert after section 88 (1): 21
(1A) Subsection (1) does not apply in respect of a contravention of 22
section 21 (6) or 22 (4). 23
1.20 Noxious Weeds Act 1993 No 11 24
Section 62 Offences by corporations 25
Insert after section 62 (1): 26
(1A) Subsection (1) does not apply in respect of a contravention of 27
section 54 (1) or (2). 28
Page 7
Miscellaneous Acts Amendment (Directors' Liability) Bill 2011
Schedule 1 Amendment of Acts and Regulations
1.21 Parramatta Park Trust Act 2001 No 17 1
Section 33 Offences by corporations 2
Insert after section 33 (1): 3
(1A) Subsection (1) does not apply in respect of an offence against 4
section 28 (1). 5
1.22 Poultry Meat Industry Act 1986 No 101 6
Section 21 Offences by corporations 7
Omit section 21 (1). Insert instead: 8
(1) If a corporation contravenes, whether by act or omission, any 9
provision of this Act or the regulations, each person who is a 10
director of the corporation, or who is concerned in the 11
management of the corporation, is taken to have contravened the 12
same provision if the person knowingly authorised or permitted 13
the contravention. 14
1.23 Prices Regulation Act 1948 No 26 15
Section 59 Offences and penalties 16
Omit section 59 (4). Insert instead: 17
(4) If a corporation contravenes, whether by act or omission, a 18
provision of this Act, each person who is a director of the 19
corporation, or who is concerned in the management of the 20
corporation, is taken to have contravened the same provision if 21
the person knowingly authorised or permitted the contravention. 22
1.24 Private Health Facilities Act 2007 No 9 23
[1] Section 17 Amendment of licences 24
Omit "subsection (4)" from section 17 (7). Insert instead "subsection (6)". 25
[2] Section 62 Offences by corporations 26
Insert after section 62 (1): 27
(1A) Subsection (1) does not apply in respect of a contravention of 28
section 16 (1), 17 (7) or 40. 29
Page 8
Miscellaneous Acts Amendment (Directors' Liability) Bill 2011
Amendment of Acts and Regulations Schedule 1
1.25 Property, Stock and Business Agents Act 2002 No 66 1
Section 218 Offences by corporations 2
Insert after section 218 (1): 3
(1A) Subsection (1) does not apply in respect of a contravention of 4
section 90 (1), 91 (1), (2) or (3), 92, 93, 94, 110 (3) or 119 (1). 5
1.26 Public Health Act 1991 No 10 6
Section 78 Offences by corporations 7
Insert after section 78 (1): 8
(1A) Subsection (1) does not apply in respect of an offence under a 9
provision of the regulations that is declared by the regulations to 10
be an excluded provision for the purposes of this section. 11
1.27 Public Health (Disposal of Bodies) Regulation 2002 12
Clause 51A 13
Insert after clause 51: 14
51A Offences by corporations 15
Clauses 8 (1), (3), (4), (5), (6) and (7), 29, 31, 33, 34, 43 (1) and 16
(2) and 48 (1) and (3) are declared to be excluded provisions for 17
the purposes of section 78 of the Act. 18
1.28 Public Health (Swimming Pools and Spa Pools) Regulation 19
2000 20
Clause 9A 21
Insert after clause 9: 22
9A Offences by corporations 23
Clauses 5 and 6 are declared to be excluded provisions for the 24
purposes of section 78 of the Public Health Act 1991. 25
1.29 Racing Administration Act 1998 No 114 26
[1] Section 36B Offences by corporations 27
Insert "(other than section 26G or 26GA)" after "any provision of this Act" in 28
section 36B (1). 29
Page 9
Miscellaneous Acts Amendment (Directors' Liability) Bill 2011
Schedule 1 Amendment of Acts and Regulations
[2] Section 36B (1A) 1
Insert after section 36B (1): 2
(1A) If a corporation contravenes, whether by act or omission, section 3
26G or 26GA, each person who is a director of the corporation, 4
or who is concerned in the management of the corporation, is 5
taken to have contravened the same provision if the person 6
knowingly authorised or permitted the contravention. 7
1.30 Residential Parks Act 1998 No 142 8
[1] Section 75 Installation of individual mail facilities 9
Omit "Mail facilities installed under this section must be" from section 75 (3). 10
Insert instead "A park owner must ensure that mail facilities installed by the 11
park owner under this section are". 12
[2] Section 150 Offences by corporations 13
Insert after section 150 (1): 14
(1A) Subsection (1) does not apply in respect of a contravention of 15
section 12 (2), 29 (2), 33 (1), (2) or (4), 63 (3), 66 (6), 67 (2), 16
68 (1) or (2), 72, 74 (2) or (3), 75 (2) or (3) or 81 (5). 17
1.31 Retirement Villages Act 1999 No 81 18
Section 186 Offences by corporations 19
Insert after section 186 (1): 20
(1A) Subsection (1) does not apply in respect of a contravention of 21
section 110 (1) or (2). 22
1.32 Rice Marketing Act 1983 No 176 23
Section 157 Offences by corporations 24
Omit section 157 (1). Insert instead: 25
(1) If a corporation contravenes, whether by act or omission, section 26
152 (2), each person who is a director of the corporation, or who 27
is concerned in the management of the corporation, is taken to 28
have contravened the same provision if the person knowingly 29
authorised or permitted the contravention. 30
Page 10
Miscellaneous Acts Amendment (Directors' Liability) Bill 2011
Amendment of Acts and Regulations Schedule 1
1.33 Road Transport (General) Act 2005 No 11 1
Section 178 Liability of directors, partners, employers and others for 2
offences by bodies corporate, partnerships, associations and 3
employees 4
Insert after section 178 (4): 5
(4A) Subsections (1), (2), (3) and (4) do not apply in respect of an 6
offence under a provision of a regulation made under the road 7
transport legislation that is declared by such a regulation to be an 8
excluded provision for the purposes of this section. 9
1.34 Totalizator Act 1997 No 45 10
Section 103 Offences by corporations 11
Insert after section 103 (1): 12
(1A) Subsection (1) does not apply in respect of a contravention of 13
section 26 (1). 14
1.35 Wine Grapes Marketing Board (Reconstitution) Act 2003 15
No 100 16
Section 21 Directors and managers liable for offences committed by 17
corporations 18
Omit the section. 19
Page 11
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