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CORPORATIONS ACT 2001 - SECT 199B

Insurance premiums for certain liabilities of director, secretary, other officer or auditor

  (1)   A company or a related body corporate must not pay, or agree to pay, a premium for a contract insuring a person who is or has been an officer or auditor of the company against a liability (other than one for legal costs) arising out of:

  (a)   conduct involving a wilful breach of duty in relation to the company; or

  (b)   a contravention of section   182 or 183.

This section applies to a premium whether it is paid directly or through an interposed entity.

Note:   This section has an extended operation in relation to officers and auditors of the corporate director of a CCIV: see section   1225E.

  (2)   An offence based on subsection   (1) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .


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