QLDIn ForceAct
Water Act 2000
sec.828Executive officer may be taken to have committed offence
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### sec.828 Executive officer may be taken to have committed offence
If a corporation commits an offence against a deemed executive liability provision, 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 the deemed executive liability provision 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 the deemed executive liability 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 offence against the deemed executive liability provision.
In this section—
deemed executive liability provision means any of the following provisions—
section 28 (7)
section 452
section 460 (3)
section 808 (1)
section 808 (2)
section 808 (3) .
s 828 sub 2013 No. 51 s 222
amd 2018 No. 24 s 282 sch 1
(sec.828-ssec.1) If a corporation commits an offence against a deemed executive liability provision, 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.828-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.
(sec.828-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against the deemed executive liability 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 offence against the deemed executive liability provision.
(sec.828-ssec.4) In this section— deemed executive liability provision means any of the following provisions— section 28 (7) section 452 section 460 (3) section 808 (1) section 808 (2) section 808 (3) .
- (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 the deemed executive liability provision;
- (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 the deemed executive liability provision.
- • section 28 (7)
- • section 452
- • section 460 (3)
- • section 808 (1)
- • section 808 (2)
- • section 808 (3) .