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BIOSECURITY ACT 2015 - SECT 306
Liability of directors etc for offences by corporation--executive liability offences
306 Liability of directors etc for offences by corporation--executive
liability offences
(1) A person commits an offence against this section if-- (a) a corporation
commits an executive liability offence, and
(b) the person is-- (i) a
director of the corporation, or
(ii) an individual who is concerned in the
management of the corporation and who is in a position to influence the
conduct of the corporation in relation to the commission of the
executive liability offence, and
(c) the person-- (i) knows or ought
reasonably to know that the executive liability offence (or an offence of the
same type) would be or is being committed, and
(ii) fails to take all
reasonable steps to prevent or stop the commission of that offence.
(2) The
maximum penalty for the offence is the maximum penalty for the
executive liability offence if committed by an individual.
(3) For the
purposes of this section, an
"executive liability offence" is any offence against this Act that is
specified by this Act to be an executive liability offence.
(4) The
prosecution bears the legal burden of proving the elements of the offence
against this section.
(5) This section does not affect the liability of the
corporation for the executive liability offence, and applies whether or not
the corporation is prosecuted for, or convicted of, the
executive liability offence.
(6) This section does not affect the application
of any other law relating to the criminal liability of any persons (whether or
not directors or other managers of the corporation) who are accessories to the
commission of the executive liability offence or are otherwise concerned in,
or party to, the commission of the executive liability offence.
(7) In this
section--
"reasonable steps" , in relation to the commission of an
executive liability offence, includes, but is not limited to, such action (if
any) of the following kinds as is reasonable in all the circumstances-- (a)
action towards-- (i) assessing the corporation's compliance with the provision
creating the executive liability offence, and
(ii) ensuring that the
corporation arranges regular professional assessments of its compliance with
the provision,
(b) action towards ensuring that the corporation's employees,
agents and contractors are provided with information, training, instruction
and supervision appropriate to them to enable them to comply with the
provision creating the executive liability offence so far as the provision is
relevant to them,
(c) action towards ensuring that-- (i) the plant, equipment
and other resources, and
(ii) the structures, work systems and other
processes,
relevant to compliance with the provision creating the
executive liability offence are appropriate in all the circumstances,
(d)
action towards creating and maintaining a corporate culture that does not
direct, encourage, tolerate or lead to non-compliance with the provision
creating the executive liability offence.
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