44AReceiving monetary benefits

44A Receiving monetary benefits

44A Receiving monetary benefits

(1) Any of the following persons who receives, acquires or accrues a monetary benefit as a result of the commission by a corporation of a proved offence under this Act or the regulations (the underlying offence) is guilty of an offence—

(a) a person who is, or was, at the time of the commission of the underlying offence, a director of the corporation,

(b) a related body corporate,

(c) a person who is, or was, at the time of the commission of the underlying offence, a director of a related body corporate.

Maximum penalty—

(a) for a corporation—the maximum penalty that applies to a corporation for the underlying offence, or

(b) for an individual—the maximum penalty that applies to an individual for the underlying offence.

(2) Proceedings for an offence under this section may be commenced—

(a) after the date on which the underlying offence is alleged to have been committed, but

(b) despite section 72, no later than the later of the following—

(i) the date that is 12 months after the date on which a court finds the underlying offence proved,

(ii) the date by which the proceedings may be commenced under section 72(3).

(3) Despite section 71, proceedings for an offence under this section may not be dealt with before the Local Court.

(4) Without limiting subsection (1) or (2)(b), a court finds an offence proved if—

(a) the court convicts the offender of the offence, or

(b) the court makes an order under the Crimes (Sentencing Procedure) Act 1999, section 10 against the offender in relation to the offence.

(5) A reference in subsection (1) to a director of a corporation or related body corporate extends to a person involved in the management of the affairs of the corporation or related body corporate.

s 44A: Ins 2022 No 3, Sch 3[5].