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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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