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THERAPEUTIC GOODS ACT 1989 - SECT 54B

Personal liability of an executive officer of a body corporate--general

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

  (a)   the body corporate commits an offence against this Act covered by section   54BA; and

  (b)   the officer knew that the offence would be committed; and

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

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

Note:   An offence against this Act includes an offence against the regulations: see subsection   3(7).

  (2)   The maximum penalty for an offence against subsection   (1) is:

  (a)   the maximum penalty that a court could impose in respect of an individual for the offence committed by the body corporate; or

  (b)   if the offence committed by the body corporate is an offence against subsection   41MN(10)--imprisonment for 5 years or 4,000 penalty units, or both.

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

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

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

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

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

  (4)   The maximum civil penalty for a contravention of subsection   (3) is:

  (a)   the maximum civil penalty that a court could impose in respect of an individual for the civil penalty provision contravened by the body corporate; or

  (b)   if the civil penalty provision contravened by the body corporate is subsection   41MNA(3)--5,000 penalty units.

  (5)   In this section:

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


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