83SCriminal liability of executive members of owners

83S Criminal liability of executive members of owners corporation (1) An executive member of an owners corporation is taken to commit an offence against this part if— (a) the corporation commits an offence against this part (a relevant offence); and (b) the member was reckless about whether the relevant offence would be committed; and (c) the member was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and (d) the member failed to take reasonable steps to prevent the commission of the relevant offence. Maximum penalty: The maximum penalty that may be imposed for the commission of the offence by an individual. (2) Subsection (1) does not apply if the owners corporation would have a defence to a prosecution for the relevant offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) This section applies whether or not the owners corporation is prosecuted for, or convicted of, the relevant offence. executive member, of an owners corporation—see the Unit Titles (Management) Act 2011, dictionary. Interpretation—pt 6 Division 6.1