106Criminal liability of executive officer of body corporate or club

106 Criminal liability of executive officer of body corporate or club (1) An executive officer of a body corporate or club commits an offence if: (a) the body corporate or club commits an offence by contravening a declared provision (a relevant offence) and the officer knew, or could reasonably have been expected to have known, that the contravention would happen; and (b) the officer was in a position to influence the conduct of the body corporate or club in relation to the contravention; and (c) the officer failed to take reasonable steps to prevent the contravention. Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence. (2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following: (a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention): (i) the body corporate or club arranged regular professional assessments of the body corporate's or club's compliance with the declared provision; (ii) the body corporate or club implemented any appropriate recommendation arising from an assessment under subparagraph (i); (iii) the body corporate's or club's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;

Totalisator Licensing and Regulation Act 2000 51 (b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen. (3) Subsection (2) does not limit the matters the court may consider. (4) This section does not affect the liability of the body corporate or club. (5) This section applies whether or not the body corporate or club is prosecuted for, or found guilty of, the relevant offence. (6) This section does not apply if the body corporate or club would have a defence to a prosecution for the relevant offence. (7) In this section: declared provision means: (a) section 35, 36, 110(1) or (2) or 115(4); or (b) a provision of the Regulations prescribed by regulation. executive officer, of a body corporate or club, means a director or other person who is concerned with, or takes part in, the management of the body corporate or club.