167ALiability of directors etc for offences by corporation—accessory to the commission of the offences

#### 167A Liability of directors etc for offences by corporation—accessory to the commission of the offences 167A Liability of directors etc for offences by corporation—accessory to the commission of the offences > > (1) A person commits an offence against this section if— > > > > > (a) a corporation commits a corporate offence, and > > > > > (b) the person is— > > > > > > > (i) a director of the corporation, or > > > > > > > (ii) an individual who is concerned in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the corporate offence, and > > > > > (c) the person— > > > > > > > (i) aids, abets, counsels or procures the commission of the corporate offence, or > > > > > > > (ii) induces, whether by threats or promises or otherwise, the commission of the corporate offence, or > > > > > > > (iii) conspires with others to effect the commission of the corporate offence, or > > > > > > > (iv) is in any other way, whether by act or omission, knowingly involved in, or party to, the commission of the corporate offence. > > > > Maximum penalty—The maximum penalty for the corporate offence if committed by an individual. > > > (2) The prosecution bears the legal burden of proving the elements of the offence against this section. > > > (3) The offence against this section can only be prosecuted by a person who can bring a prosecution for the corporate offence. > > > (4) This section— > > > > > (a) does not affect the liability of the corporation for the corporate offence, and > > > > > (b) applies whether or not the corporation is prosecuted for, or convicted of, the corporate offence. > > > (5) This section does not affect the application of any other law relating to the criminal liability of persons, whether or not directors or other managers of the corporation, who are involved in, or party to, the commission of the corporate offence. > > > (6) In this section— > > > > corporate offence means an offence against this Act or the regulations that is capable of being committed by a corporation. > > **s 167A:** Ins 2022 No 36, Sch 1\[101\].