sec.230ALiability of executive officer—offence committed by corporation against executive liability (evidential burden) provision

sec.230A Liability of executive officer—offence committed by corporation against executive liability (evidential burden) provision

If a corporation commits an offence against an executive liability (evidential burden) provision, each executive officer of the corporation is taken to have also committed an offence against the provision. Maximum penalty—the penalty for a contravention of the executive liability (evidential burden) provision by an individual. However, the executive officer is not taken to have also committed an offence against the executive liability (evidential burden) provision if— firstly, the officer satisfies the evidential burden of showing that— the officer did not know, and could not reasonably have been expected to have known, of the corporation’s conduct constituting its offence against the executive liability (evidential burden) provision; or the officer took all reasonable steps to ensure the corporation did not engage in the conduct constituting its offence against the executive liability (evidential burden) provision; and secondly, the officer having complied with paragraph (a) , the prosecution does not prove the contrary beyond reasonable doubt. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (2) (a) (ii) , a court must have regard to whether the officer was in a position to influence the corporation’s conduct in relation to its offence against the executive liability (evidential burden) provision. The executive officer may be proceeded against for, and convicted of, an offence against the executive liability (evidential burden) provision whether or not the corporation has been proceeded against for, or convicted of, its offence against the executive liability (evidential burden) provision. This section does not affect either of the following— the liability of the corporation for its offence against the executive liability (evidential burden) provision; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the corporation’s offence against the executive liability (evidential burden) provision. In this subsection— executive liability (evidential burden) provision means any of the following provisions— section 65 ; section 66 ; section 67 ; section 161 ; section 161A . s 230A ins 2024 No. 51 s 31 sub 2025 No. 27 s 35 (sec.230A-ssec.1) If a corporation commits an offence against an executive liability (evidential burden) provision, each executive officer of the corporation is taken to have also committed an offence against the provision. Maximum penalty—the penalty for a contravention of the executive liability (evidential burden) provision by an individual. (sec.230A-ssec.2) However, the executive officer is not taken to have also committed an offence against the executive liability (evidential burden) provision if— firstly, the officer satisfies the evidential burden of showing that— the officer did not know, and could not reasonably have been expected to have known, of the corporation’s conduct constituting its offence against the executive liability (evidential burden) provision; or the officer took all reasonable steps to ensure the corporation did not engage in the conduct constituting its offence against the executive liability (evidential burden) provision; and secondly, the officer having complied with paragraph (a) , the prosecution does not prove the contrary beyond reasonable doubt. (sec.230A-ssec.3) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (2) (a) (ii) , a court must have regard to whether the officer was in a position to influence the corporation’s conduct in relation to its offence against the executive liability (evidential burden) provision. (sec.230A-ssec.4) The executive officer may be proceeded against for, and convicted of, an offence against the executive liability (evidential burden) provision whether or not the corporation has been proceeded against for, or convicted of, its offence against the executive liability (evidential burden) provision. (sec.230A-ssec.5) This section does not affect either of the following— the liability of the corporation for its offence against the executive liability (evidential burden) provision; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the corporation’s offence against the executive liability (evidential burden) provision. (sec.230A-ssec.6) In this subsection— executive liability (evidential burden) provision means any of the following provisions— section 65 ; section 66 ; section 67 ; section 161 ; section 161A .