sec.60AExecutive officers must ensure corporation complies with Act

### sec.60A Executive officers must ensure corporation complies with Act The executive officers of a corporation must ensure the corporation complies with this Act. If a corporation commits an offence against a provision of this Act, each of the corporation’s executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision. Maximum penalty for subsection (2) —the penalty for the contravention of the provision by an individual. Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision. However, it is a defence for an executive officer to prove— 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 provision; or the officer was not in a position to influence the conduct of the corporation in relation to the offence. In this section— executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. s 60A ins 2003 No. 10 s 69 (sec.60A-ssec.1) The executive officers of a corporation must ensure the corporation complies with this Act. (sec.60A-ssec.2) If a corporation commits an offence against a provision of this Act, each of the corporation’s executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision. Maximum penalty for subsection (2) —the penalty for the contravention of the provision by an individual. (sec.60A-ssec.3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision. (sec.60A-ssec.4) However, it is a defence for an executive officer to prove— 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 provision; or the officer was not in a position to influence the conduct of the corporation in relation to the offence. (sec.60A-ssec.5) In this section— executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. - (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 provision; or - (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence.