sec.74AIDuty of executive officer of company

### sec.74AI Duty of executive officer of company If a company has a duty under a provision of this subdivision, an executive officer of the company must exercise due diligence to ensure the company complies with the duty. Maximum penalty—the penalty for a contravention of the provision by an individual. The executive officer may be proceeded against for, and convicted of, an offence under this Act relating to the officer’s duty under subsection (1) whether or not the company has been proceeded against for, or convicted of, an offence under this Act relating to the company’s duty under this division. In this section, due diligence includes taking reasonable steps— to acquire, and keep up to date, knowledge of matters about the safe use of building products; and to gain an understanding of— the nature of the company’s business activities relating to building products; and safety risks and non-compliance risks associated with the building products; and to ensure the company has, and uses, appropriate resources to remove or minimise the risks mentioned in paragraph (b) (ii) ; and to ensure the company has, and implements, appropriate processes— to remove or minimise the risks mentioned in paragraph (b) (ii) ; and for receiving, considering and responding in a timely way to, information about the risks mentioned in paragraph (b) (ii) and any incidents arising from the risks; and for complying with the company’s duties under this Act; and to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented. s 74AI ins 2017 No. 29 s 11 (sec.74AI-ssec.1) If a company has a duty under a provision of this subdivision, an executive officer of the company must exercise due diligence to ensure the company complies with the duty. Maximum penalty—the penalty for a contravention of the provision by an individual. (sec.74AI-ssec.2) The executive officer may be proceeded against for, and convicted of, an offence under this Act relating to the officer’s duty under subsection (1) whether or not the company has been proceeded against for, or convicted of, an offence under this Act relating to the company’s duty under this division. (sec.74AI-ssec.3) In this section, due diligence includes taking reasonable steps— to acquire, and keep up to date, knowledge of matters about the safe use of building products; and to gain an understanding of— the nature of the company’s business activities relating to building products; and safety risks and non-compliance risks associated with the building products; and to ensure the company has, and uses, appropriate resources to remove or minimise the risks mentioned in paragraph (b) (ii) ; and to ensure the company has, and implements, appropriate processes— to remove or minimise the risks mentioned in paragraph (b) (ii) ; and for receiving, considering and responding in a timely way to, information about the risks mentioned in paragraph (b) (ii) and any incidents arising from the risks; and for complying with the company’s duties under this Act; and to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented. - (a) to acquire, and keep up to date, knowledge of matters about the safe use of building products; and - (b) to gain an understanding of— (i) the nature of the company’s business activities relating to building products; and (ii) safety risks and non-compliance risks associated with the building products; and - (i) the nature of the company’s business activities relating to building products; and - (ii) safety risks and non-compliance risks associated with the building products; and - (c) to ensure the company has, and uses, appropriate resources to remove or minimise the risks mentioned in paragraph (b) (ii) ; and - (d) to ensure the company has, and implements, appropriate processes— (i) to remove or minimise the risks mentioned in paragraph (b) (ii) ; and (ii) for receiving, considering and responding in a timely way to, information about the risks mentioned in paragraph (b) (ii) and any incidents arising from the risks; and (iii) for complying with the company’s duties under this Act; and - (i) to remove or minimise the risks mentioned in paragraph (b) (ii) ; and - (ii) for receiving, considering and responding in a timely way to, information about the risks mentioned in paragraph (b) (ii) and any incidents arising from the risks; and - (iii) for complying with the company’s duties under this Act; and - (e) to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented. - (i) the nature of the company’s business activities relating to building products; and - (ii) safety risks and non-compliance risks associated with the building products; and - (i) to remove or minimise the risks mentioned in paragraph (b) (ii) ; and - (ii) for receiving, considering and responding in a timely way to, information about the risks mentioned in paragraph (b) (ii) and any incidents arising from the risks; and - (iii) for complying with the company’s duties under this Act; and