(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.