QLDIn ForceAct
State Development and Public Works Organisation Act 1971
sec.157PExecutive officer must ensure corporation does not commit particular offences
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### sec.157P Executive officer must ensure corporation does not commit particular offences
The executive officers of a corporation must ensure the corporation complies with sections 84A , 84B , 84C , 157F , 157N and 157O .
If a corporation commits an offence against section 84A , 84B , 84C , 157F , 157N or 157O each of its executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the section.
Maximum penalty—the penalty for the contravention of the section by an individual.
Evidence that the corporation has been convicted of an offence against section 84A , 84B , 84C , 157F , 157N or 157O is evidence that each of its executive officers committed the offence of failing to ensure the corporation complies with the section.
However, it is a defence for an executive officer to prove that—
if the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer exercised reasonable diligence to ensure the corporation complied with the section; or
the officer was not in a position to influence the conduct of the corporation in relation to the offence.
s 157P ins 2008 No. 75 s 112
amd 2014 No. 36 s 52B ; 2014 No. 40 s 64
(sec.157P-ssec.1) The executive officers of a corporation must ensure the corporation complies with sections 84A , 84B , 84C , 157F , 157N and 157O .
(sec.157P-ssec.2) If a corporation commits an offence against section 84A , 84B , 84C , 157F , 157N or 157O each of its executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the section. Maximum penalty—the penalty for the contravention of the section by an individual.
(sec.157P-ssec.3) Evidence that the corporation has been convicted of an offence against section 84A , 84B , 84C , 157F , 157N or 157O is evidence that each of its executive officers committed the offence of failing to ensure the corporation complies with the section.
(sec.157P-ssec.4) However, it is a defence for an executive officer to prove that— if the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer exercised reasonable diligence to ensure the corporation complied with the section; or the officer was not in a position to influence the conduct of the corporation in relation to the offence.
- (a) if the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer exercised reasonable diligence to ensure the corporation complied with the section; or
- (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence.