36PCriminal liability of officers of Melbourne Casino Operator—accessorial liability

36P Criminal liability of officers of Melbourne Casino Operator—accessorial liability (1) If the Melbourne Casino Operator commits an offence against section 36E(6) or 36O, an officer of the Operator also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the Operator; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the Operator. (2) Without limiting any other defence available to the officer, an officer may rely on a defence that would be available to the Melbourne Casino Operator if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the Operator would bear. (3) An officer may commit an offence against section 36E(6) or 36O whether or not the Melbourne Casino Operator has been prosecuted for, or found guilty of, an offence against that provision. (4) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the **Crimes Act 1958**. S. 36Q inserted by No. 54/2021 s. 18.