636Liability of executive officers of corporation

636 Liability of executive officers of corporation

636 Liability of executive officers of corporation

(1) If a corporation commits an offence against a provision of this Law specified in column 2 of Schedule 4, each executive officer of the corporation who knowingly authorised or permitted the conduct constituting the offence also commits an offence against the provision.

Maximum penalty—the penalty for a contravention of the provision by an individual.

Note—

See also section 26D for the duty of an executive officer of a corporation to exercise due diligence to ensure the corporation complies with its safety duties under this Law.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2), (3) (Repealed)

(4) An executive officer of a corporation may be proceeded against and convicted for an offence against the provision whether or not the corporation has been proceeded against or convicted under that provision.

(5) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under the provision.

(6) Nothing in this section affects the application of any other law relating to the criminal liability of any persons (whether or not executive officers of the corporation) who are accessories to the commission of an offence or are otherwise involved in the contravention giving rise to an offence.

(7) This section does not apply to an executive officer acting on a voluntary basis, whether or not the officer is reimbursed for the expenses incurred by the officer for carrying out activities for the corporation.

s 636: Am 2016 No 65, sec 103; 2018 No 10, sec 32.