Commonwealth Consolidated Acts

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Application of this Division to an executive officer of a body corporate

             (1)  An executive officer of a body corporate contravenes this subsection if:

                     (a)  the body corporate contravenes a civil penalty provision in this Division; and

                     (b)  the executive officer knew that the contravention would occur; and

                     (c)  the executive officer was in a position to influence the conduct of the body in relation to the contravention; and

                     (d)  the executive officer failed to take all reasonable steps to prevent the contravention.

Note:          In making a determination for the purposes of paragraph (1)(d), a court is to have regard to the matters set out in section 23DZZIH.

             (2)  The maximum civil penalty for a contravention of subsection (1) is the maximum civil penalty that a Court could impose in respect of an individual for the civil penalty provision contravened by the body corporate.

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