133Personal liability of an executive officer of a registered training organisation—general

#### 133 Personal liability of an executive officer of a registered training organisation—general (1) An executive officer of a registered training organisation commits an offence if: (a) the organisation commits an offence covered by section 133A; and (b) the officer knew that the offence would be committed; and (c) the officer was in a position to influence the conduct of the organisation in relation to the commission of the offence; and (d) the officer failed to take all reasonable steps to prevent the commission of the offence. (2) The maximum penalty for an offence against subsection (1) is one‑fifth of the maximum penalty that could be imposed for the offence committed by the registered training organisation. (3) An executive officer of a registered training organisation contravenes this subsection if: (a) the organisation contravenes a civil penalty provision; and (b) the officer knew that the contravention would occur; and (c) the officer was in a position to influence the conduct of the organisation in relation to the contravention; and (d) the officer failed to take all reasonable steps to prevent the contravention. (4) The maximum civil penalty for a contravention of subsection (3) is one‑tenth of the maximum penalty that could be imposed for the contravention of the civil penalty provision by the registered training organisation.