After section 46
insert
(1) Section 39, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015 , (the new section ) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 25 of that Act (the commencement ) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 39, as in force before the commencement:
(a) continues to apply in relation to offences committed by a corporation before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.