21BResponsibilities of responsible officer

21B Responsibilities of responsible officer

[Section 21B Inserted by No. 22 of 2024, s. 13, Applied:08 Nov 2024]

(1)  In this section –

responsibilities includes the duties imposed on the holder of a licence under this Act and any conditions or restrictions specified in the licence.

(2)  A responsible officer in relation to a licence must perform the responsibilities of the holder of the licence.

Penalty:  Fine not exceeding 100 penalty units.

(3)  A responsible officer in relation to a licence is not to be taken to have failed to perform any responsibility of the holder of the licence if –

(a) it was not reasonably practicable for the responsible officer to perform that responsibility; or

(b) the failure to perform the responsibility was due to causes over which the responsible officer had no control and against the happening of which it was not reasonably practicable for the responsible officer to make provision; or

(c) the responsible officer exercised due diligence to prevent the failure to perform the responsibility; or

(d) the responsible officer was unaware that the responsible officer had been appointed, or was taken to have been appointed, as the responsible officer.

(4)  Nothing in this section relieves the holder of a licence of the requirement to perform the licence holder’s responsibilities under this Act.

(5)  A responsible officer may be proceeded against and convicted of having failed to perform the responsibilities of the holder of the licence under this Act whether or not the holder of the licence has been proceeded against or has been convicted of having failed to perform the responsibilities.