(1) The executive officers of a corporation must ensure the corporation complies with each designated provision of this Act.
(2) If a corporation commits an offence against a designated provision of this Act, each of its executive officers also commits an offence namely, the offence of failing to ensure the corporation complies with the provision.
Maximum penalty--the penalty for the contravention of the provision by an individual.
(3) Evidence that the corporation has been convicted of an offence against a designated provision of this Act is evidence that each of its executive officers committed the offence of failing to ensure the corporation complies with the provision.
(4) However, it is a defence for an executive officer to prove that--
(a) if the officer was in a position to influence the conduct of the corporation in relation to the offence--the officer exercised reasonable diligence to ensure the corporation complied with the designated provision; or
(b) the officer was not in a position to influence the conduct of the corporation in relation to the offence.
(5) In this section--
designated provision, of this Act, means any of the following provisions--
* sections 198, 200, 242 and 361
* chapter 6, part 2
* this part, other than this section.