61AOACriminal liability of executive officers of bodies corporate

61AOA Criminal liability of executive officers of bodies corporate

(1) If: (a) a body corporate commits an offence against Part VAA (other than Division 6); and (b) an executive officer of the body was reckless as to whether the offence would be committed; and (c) the officer was in a position to influence the conduct of the body in relation to the offence; and (d) the officer failed to take all reasonable steps to prevent the offence being committed; the officer commits an offence. (2) An offence against subsection (1) is punishable on conviction by: (a) imprisonment for a term not exceeding the term specified for the offence committed by the body corporate; or (b) if no term of imprisonment is specified for the offence committed by the body corporate—a pecuniary penalty not exceeding the pecuniary penalty specified for the offence committed by the body corporate.