74Criminal liability of executive officers

74 Criminal liability of executive officers (1) An executive officer of a corporation commits an offence if— (a) the corporation commits a an offence against section 72; and (b) the officer was reckless about whether the relevant 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 offence. (2) Subsection (1) does not apply if the corporation would have a defence to a prosecution for the offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) This section applies whether or not the corporation is prosecuted for, or convicted of, the offence. executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.