Wagering Act 1998
sec.289Executive officer may be taken to have committed offence against s 172
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sec.289 Executive officer may be taken to have committed offence against s 172
If a corporation commits an offence against section 172 , each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct. The executive officer may be proceeded against for, and convicted of, the offence against section 172 whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— the liability of the corporation for the offence against section 172 ; 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 offence against section 172 . See also section 340E for the application of this provision in relation to offences against other provisions. s 289 sub 2013 No. 51 s 218 amd 2018 No. 13 s 87 (sec.289-ssec.1) If a corporation commits an offence against section 172 , each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct. (sec.289-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against section 172 whether or not the corporation has been proceeded against for, or convicted of, the offence. (sec.289-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against section 172 ; 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 offence against section 172 .
- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or
- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.
- (a) the liability of the corporation for the offence against section 172 ;
- (b) 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 offence against section 172 .