Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 103

103 Amendment of s 636 (Liability of executive officers of corporation)

Section 636(2) and (3)—
omit, insert—

(2) An executive officer of a corporation commits an offence if—

(a) the corporation commits an offence against a provision of this Law specified in column 3 of Schedule 4; and

(b) the officer did not exercise reasonable diligence to ensure the corporation did not engage in the conduct constituting the offence.

Penalty—

Maximum penalty—the penalty for a contravention of the provision by an individual.

(3) In deciding whether the executive officer exercised reasonable diligence for subsection (2)(b), a court must have regard to—

(a) whether the officer was in a position to influence the corporation’s conduct in relation to the offence; and

(b) the action the officer took, or could reasonably have taken, to prevent the corporation’s conduct constituting the offence; and

(c) any other relevant matter.