104Liability of body corporate managers

#### 104 Liability of body corporate managers Body corporate managers generally (1) A body corporate manager commits an offence if: (a) the body corporate commits an offence against this Part; and (b) the manager knew that the offence would be committed; and (c) the manager was in a position to influence the conduct of the body corporate in relation to the commission of the offence; and (d) the manager failed to take all reasonable steps to prevent the commission of the offence. State/Territory body corporate managers (2) A State/Territory body corporate manager for a State or Territory commits an offence if: (a) the body corporate commits an offence against this Part within the State or Territory; and (b) the manager knew that the offence would be committed; and (c) the manager was in a position to influence the conduct of the body corporate in relation to the commission of the offence; and (d) the manager failed to take all reasonable steps to prevent the commission of the offence. Maximum penalties (3) The maximum penalty for an offence against subsection (1) or (2) is one‑fifth of the maximum penalty that could be imposed for the offence committed by the body corporate, subject to subsection (4). (4) An offence against subsection (1) or (2) that relates to an offence committed by a body corporate against subsection 103(2) (supplying 5 or more items in or to a prescribed area) is punishable by either or both of the following: (a) a pecuniary penalty not exceeding 200 penalty units; (b) imprisonment for a term not exceeding 2 years.