Queensland Numbered Acts

PLANNING ACT 2016 - SECT 226

226 Executive officer must ensure corporation complies with Act

(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 provisions by an individual.

(2) When deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must consider—

(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 matter that the court considers relevant.

(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 corporation’s liability for the offence against the executive liability provision; or

(b) the liability, under the Criminal Code, chapter 2, of any person for the offence, whether or not the person is an executive officer of the corporation.

(5) In this section—

"executive liability provision" means—

(a) section 161; or

(b) section 162; or

(c) section 163; or

(d) section 164; or

(e) section 165(7); or

(f) section 167(5); or

(g) section 171; or

(h) section 175(4); or

(i) section 179(8).