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).
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.
Try BriefBridge free