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](/view/html/inforce/current/act-1999-092), 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\[5\].