New South Wales Consolidated Acts

CASINO CONTROL ACT 1992 - SECT 167

167 Liability of directors etc for offences by corporation--offences attracting executive liability

(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 or who is otherwise 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 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.

: Maximum penalty--The maximum penalty for the executive liability offence if committed by an individual.

(2) The prosecution bears the legal burden of proving the elements of the offence against this section.

(3) The offence against this section can only be prosecuted by a person who can bring a prosecution for the executive liability offence.

(4) This section--

(a) does not affect the liability of the corporation for the executive liability offence, and

(b) applies whether or not the corporation is prosecuted for, or convicted of, the executive liability offence.

(5) This section does not affect the application of any other law relating to the criminal liability of persons, whether or not directors or other managers of the corporation, who are--

(a) accessories to the commission of the executive liability offence, or

(b) otherwise concerned in, or party to, the commission of the executive liability offence.

(6) In this section--

"director" has the same meaning as in the Corporations Act 2001 of the Commonwealth.

"executive liability offence" means an offence against a provision of gaming and liquor legislation that is committed by a corporation.

"reasonable steps" , in relation to the commission of an executive liability offence, includes action of the following kinds that 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 the corporation arranged regular professional assessments of its compliance with the provision,

(b) action towards ensuring the corporation's employees, agents and contractors are given 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 any of the following relevant to compliance with the provision creating the executive liability offence are appropriate in all the circumstances--

(i) the plant, equipment and other resources,

(ii) the structures, work systems and other processes,

(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.