65Personal liability for executive officers

#### 65 Personal liability for executive officers (1) An executive officer of an approved course provider commits an offence if: (a) the provider commits an offence against this Act; and (b) the officer knew that the offence would be committed; and (c) the officer was in a position to influence the conduct of the provider in relation to the commission of the offence; and (d) the officer failed to take all reasonable steps to prevent the commission of the offence. (2) The maximum penalty for an offence against subsection (1) is one‑fifth of the maximum penalty that could be imposed for the offence committed by the provider. (3) An executive officer of an approved course provider contravenes this subsection if: (a) the provider contravenes a civil penalty provision of this Act; and (b) the officer knew that the contravention would occur; and (c) the officer was in a position to influence the conduct of the provider in relation to the contravention; and (d) the officer failed to take all reasonable steps to prevent the contravention. (4) The maximum civil penalty for a contravention of subsection (3) is one‑fifth of the maximum penalty that could be imposed for the contravention of the civil penalty provision by the provider.