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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 74

Criminal liability of executive officers

    (1)     An executive officer of a corporation commits an offence if—

        (a)     the corporation commits a an offence against section 72; and

        (b)     the officer was reckless about whether the relevant offence would be committed; and

        (c)     the officer was in a position to influence the conduct of the corporation in relation to the commission of the offence; and

        (d)     the officer failed to take reasonable steps to prevent the commission of the offence.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     Subsection (1) does not apply if the corporation would have a defence to a prosecution for the offence.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code

, s 58).

    (3)     This section applies whether or not the corporation is prosecuted for, or convicted of, the offence.

    (4)     In this section:

"executive officer", of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation's management.



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