94Liability of officers of bodies corporate

94 Liability of officers of bodies corporate (1) If a body corporate commits an offence against any of the following provisions, an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate— (a) section 63A; (b) section 73E(1); (c) section 73O(3); (d) section 88M(1); (e) section 88O; (f) section 91C(2); (g) section 91C(3). (2) An officer of a body corporate who is found guilty of an offence by force of subsection (1) is liable to a penalty not exceeding the maximum penalty for a natural person for the offence. (3) In determining whether an officer of a body corporate failed to exercise due diligence, regard must be had to— (a) the officer's knowledge about the matter concerned; and (b) the extent of the officer's ability to make, or participate in the making of, decisions that affect the body corporate in relation to the matter concerned; and (c) the actions taken (if any) by the officer to prevent the contravention by the body corporate; and (d) any other relevant matter. (4) An officer of a body corporate may commit an offence against a provision referred to in subsection (1) whether or not the body corporate is proceeded against or found guilty of an offence against that provision. (5) In this section, ***officer***— (a) in relation to a body corporate that is a corporation as defined by section 9 of the Corporations Act, has the same meaning as officer of a corporation has in section 9 of that Act; or (b) in relation to a body corporate which is not a corporation as defined by section 9 of the Corporations Act, means any person (by whatever name called) who is concerned in, or takes part in, the management of the body corporate.