26CCriminal liability of executive officers—s 26B

26C Criminal liability of executive officers—s 26B (1) An executive officer of a corporation is taken to commit an offence if— (a) the corporation commits an offence against section 26B; and (b) the officer was reckless about whether the offence would be committed; and (c) the officer was in a position to influence the conduct of the corporation in relation to the commission of the offence; and (d) the officer failed to take reasonable steps to prevent the commission of the relevant offence. Maximum penalty: 100 penalty units.

(2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the commission of the relevant offence, a court must consider the following: (a) any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission): (i) that the corporation arranges regular professional assessments of the corporation’s compliance with section 26B; (ii) that the corporation implements any appropriate recommendation arising from such an assessment; (iii) that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with section 26B; (b) any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed. (3) Subsection (2) does not limit the matters the court may consider. (4) This section applies whether or not the corporation is prosecuted for, or convicted of, an offence against section 26B. (5) This section does not apply if the corporation has a defence to a prosecution for an offence against section 26B. mentioned in s (5) (see Criminal Code, s 58). executive officer, of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.