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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 58A
Liability of executive officer for offence committed by corporation against executive liability provision
(1) An executive officer of a corporation commits an offence if— (a) the
corporation commits an offence against an executive liability provision; and
(b) the officer did not take all reasonable steps to ensure the corporation
did not engage in the conduct constituting the offence.
Penalty—
Maximum penalty—the penalty for a contravention of the
executive liability provision by an individual.
(2) In deciding whether
things done or omitted to be done by the executive officer constitute
reasonable steps for subsection (1) (b) , a court must have regard to— (a)
whether the officer knew, or ought reasonably to have known, of the
corporation’s conduct constituting the offence against the
executive liability provision; and
(b) whether the officer was in a position
to influence the corporation’s conduct in relation to the offence against
the executive liability provision; and
(c) any other relevant matter.
(3)
The executive officer may be proceeded against for, and convicted of, an
offence against subsection (1) whether or not the corporation has been
proceeded against for, or convicted of, the offence against the
executive liability provision.
(4) This section does not affect— (a) the
liability of the corporation for the offence against the
executive liability provision; or
(b) the liability, under the Criminal Code,
chapter 2 , of any person, whether or not the person is an executive officer
of the corporation, for the offence against the executive liability provision.
(5) In this section—
"executive liability provision" means any of the following provisions— �
� section 18 (1)
� � section 19 (2)
� � section 20A (1)
� � section 20A
(2)
� � section 20B
� � section 34 (2)
� � section 36 (1)
� � section
36 (3) .
"executive officer" , of a corporation, means a person who is concerned with,
or takes part in, the corporation’s management, whether or not the person is
a director or the person’s position is given the name of executive officer.
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