New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 305

305 Liability of directors etc for offences by corporation--special executive liability offences

(1) If a corporation commits a special executive liability offence, a person who is a director of the corporation or who is concerned in the management of the corporation is taken to commit the same offence, unless the person satisfies the court that--

(a) the person was not in a position to influence the conduct of the corporation in relation to the commission of the offence, or

(b) the person, if in such a position, used all due diligence to prevent the commission of the offence by the corporation.

(2) The maximum penalty for the offence is the maximum penalty for the special executive liability offence if committed by an individual.

(3) For the purposes of this section, a
"special executive liability offence" is any offence against this Act that is specified by this Act to be a special executive liability offence.

(4) This section does not affect the liability of the corporation for the special executive liability offence, and applies whether or not the corporation is prosecuted for, or convicted of, the special executive liability offence.