Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MIGRATION ACT 1958 - SECT 245AT

Criminal liability of executive officers of bodies corporate

  (1)   An executive officer of a body corporate commits an offence if:

  (a)   the body commits an offence (the sponsorship - related offence ) against this Subdivision; and

  (b)   the officer knew that, or was reckless or negligent as to whether, the sponsorship - related offence would be committed; and

  (c)   the officer was in a position to influence the conduct of the body in relation to the sponsorship - related offence; and

  (d)   the officer failed to take all reasonable steps to prevent the sponsorship - related offence being committed.

Penalty:   360 penalty units.

  (2)   In determining whether the executive officer of the body corporate failed to take all reasonable steps to prevent the sponsorship - related offence being committed by the body, a court must have regard to:

  (a)   what action (if any) the officer took towards ensuring that the body's employees, agents and contractors had a reasonable knowledge and understanding of the requirements to comply with this Subdivision, insofar as those requirements affected the employees, agents or contractors concerned; and

  (b)   what action (if any) the officer took when he or she became aware that the body was committing the sponsorship - related offence.

  (3)   Subsection   (2) does not limit subsection   (1).


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback