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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 157P
Executive officer must ensure corporation does not commit particular offences
157P Executive officer must ensure corporation does not commit particular
offences
(1) The executive officers of a corporation must ensure the corporation
complies with sections 84A , 84B , 84C , 157F , 157N and 157O .
(2) If a
corporation commits an offence against section 84A , 84B , 84C , 157F , 157N
or 157O each of its executive officers also commits an offence, namely, the
offence of failing to ensure the corporation complies with the section.
Penalty— Maximum penalty—the penalty for the contravention of the
section by an individual.
(3) Evidence that the corporation has been
convicted of an offence against section 84A , 84B , 84C , 157F , 157N or 157O
is evidence that each of its executive officers committed the offence of
failing to ensure the corporation complies with the section.
(4) However, it
is a defence for an executive officer to prove that— (a) if the officer was
in a position to influence the conduct of the corporation in relation to the
offence—the officer exercised reasonable diligence to ensure the corporation
complied with the section; or
(b) the officer was not in a position to
influence the conduct of the corporation in relation to the offence.
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