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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 128
Statute
Law Amendment (Directors' Liability) Bill
2015
Mr
Elferink
A Bill for an Act to amend provisions relating to directors' liability in legislation of the Territory
NORTHERN TERRITORY OF AUSTRALIA
STATUTE LAW AMENDMENT (DIRECTORS' LIABILITY) ACT 2015
____________________
Act No. [ ] of 2015
____________________
Table of provisions
111 Criminal
liability of executive officer of body
corporate
Part
14 Transitional
matters for Statute Law Amendment (Directors' Liability) Act 2015
133 Offences – before and after commencement
330 Criminal
liability of executive officer of body
corporate
Division
11 Statute Law
Amendment (Directors' Liability) Act 2015
454 Offences – before and after commencement
105 Criminal
liability of executive officer of body
corporate
Part
11 Transitional
matters for Statute Law Amendment (Directors' Liability)
Act 2015
117 Offences – before and after commencement
58G Criminal
liability of executive officer of body
corporate
Part
VIII Transitional
matters for Statute Law Amendment (Directors' Liability)
Act 2015
72 Offences – before and after commencement
Division 3 Offences
51A Declared provisions
49 Criminal
liability of executive officer of body
corporate
Part
8 Transitional matters
for Statute Law Amendment (Directors' Liability) Act 2015
55 Offences – before and after commencement
106B Criminal liability of executive officer of body corporate
107 Criminal
liability of executive officer of body corporate – deemed liability if
body corporate commits offence
Division
2 Statute Law
Amendment (Directors' Liability) Act 2015
114 Offences – before and after commencement
114 Criminal liability of executive officer of body corporate
114A Criminal
liability of executive officer of body corporate – deemed liability if
body corporate commits offence
Part
14 Transitional
matters for Statute Law Amendment (Directors' Liability)
Act 2015
146 Offences – before and after commencement
72 Criminal
liability of executive officer of body
corporate
Division
4 Transitional matters
for Statute Law Amendment (Directors' Liability) Act 2015
92 Offences – before and after commencement
180 Criminal liability of executive officer of body corporate
180A Criminal
liability of executive officer of body corporate – deemed liability if
body corporate commits offence
Part
12 Transitional
matters for Statute Law Amendment (Directors' Liability)
Act 2015
204 Offences – before and after commencement
127 Criminal
liability of executive officer of body
corporate
Part
14 Transitional
matters for Statute Law Amendment (Directors' Liability)
Act 2015
159 Offences – before and after commencement
26 Criminal
liability of executive officer of body
corporate
Part
13 Transitional
matters for Statute Law Amendment (Directors' Liability)
Act 2015
100 Offences – before and after commencement
123B Criminal
liability of executive officer of body corporate – evidential burden of
proof on defence
Part
XXI Transitional
matters for Statute Law Amendment (Directors' Liability) Act 2015
164 Offences
134 Criminal
liability of executive officer of body corporate – evidential burden of
proof on defence
Part
11 Transitional
matters for Statute Law Amendment (Directors' Liability) Act 2015
147 Offences – before and after commencement
Part 9.3 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
295 Offences – before and after commencement
81A Declared provisions
39 Criminal
liability of executive officer of body
corporate
Division
2 Statute Law
Amendment (Directors' Liability) Act 2015
47 Offences – before and after commencement
67 Criminal liability of executive officer of body corporate
67A Criminal
liability of executive officer of body corporate – evidential burden of
proof on defence
Part
6 Transitional matters
for Statute Law Amendment (Directors' Liability) Act 2015
82 Offences – before and after commencement
42 Criminal
liability of executive officer of body
corporate
Part
6 Transitional matters
for Statute Law Amendment (Directors' Liability) Act 2015
50 Offences – before and after commencement
59 Criminal
liability of executive officer of body
corporate
66 Transitional
matters for Statute Law Amendment (Directors' Liability) Act
2015
10 Criminal
liability of executive officer of body
corporate
Part
IV Transitional
matters for Statute Law Amendment (Directors' Liability)
Act 2015
13 Offences – before and after commencement
Division 3 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
140 Offences – before and after commencement
13 Criminal liability of executive officer of body corporate
14 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
72 Criminal
liability of executive officer of body corporate – evidential burden of
proof on defence
Division
2 Transitional matters
for Statute Law Amendment (Directors' Liability) Act 2015
84 Offences – before and after commencement
137 Criminal
liability of executive officer of body
corporate
Part
17 Transitional
matters for Statute Law Amendment (Directors' Liability)
Act 2015
167 Offences – before and after commencement
106 Criminal
liability of executive officer of body corporate or
club
Part
13 Transitional
matters for Statute Law Amendment (Directors' Liability) Act 2015
142 Offences – before and after commencement
Part 9 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
153 Offences – before and after commencement
91 Criminal
liability of executive officer of body
corporate
Part
15 Transitional
matters for Statute Law Amendment (Directors' Liability)
Act 2015
124 Offences – before and after commencement
112 Criminal
liability of executive officer of body
corporate
Division
2 Statute Law
Amendment (Directors' Liability) Act 2015
121 Offences – before and after commencement
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2015
____________________
An Act to amend provisions relating to directors' liability in legislation of the Territory
[Assented to [ ] 2015]
[Second reading [ ] 2015]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Statute Law Amendment (Directors' Liability) Act 2015.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part 2 Amendment of legislation
Division
1 Agricultural and Veterinary Chemicals (Control of Use)
Act
3 Act
amended
This Division amends the Agricultural and Veterinary Chemicals (Control of Use) Act.
Section 111
repeal, insert
111 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 13, 14(2), 20(1), 22(1), 26(1), 36(1), 38(1) or (3), 39(1), 53(4), 54(2), 55(5), 79(3) or 87(2); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 132
insert
Part 14 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
133 Offences – before and after commencement
(1) Section 111, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 1 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 111, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division 2
Annual Leave
Act
6 Act
amended
This Division amends the Annual Leave Act.
Section 19(3)
omit
Section 19AA
omit
sections 15 and 19(3)
insert
section 15
Division
3 Commercial and Private Agents Licensing
Act
9 Act
amended
This Division amends the Commercial and Private Agents Licensing Act.
Section 46
repeal
Division
4 Consumer Affairs and Fair Trading
Act
11 Act
amended
This Division amends the Consumer Affairs and Fair Trading Act.
Section 330
repeal, insert
330 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer knew, or could reasonably have been expected to have known, that the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.
(3) Subsection (2) does not limit the matters the court may consider.
(4) This section does not affect the liability of the body corporate.
(5) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(6) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(7) In this section:
declared provision means:
(a) section 47(1), 124A(1) or (2) or 176(1); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
Schedule 3, at the end
insert
Part 3 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
1 Offences – before and after commencement
(1) Section 330, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 4 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 330, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subparagraph (1), the new section does not apply.
Division
5 Criminal
Code
14 Criminal
Code amended
This Division amends the Criminal Code.
Section 125D
repeal, insert
125D Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening section 125B(1), 125C(1) or 125E (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
Note for subsection (3)
A matter mentioned in subsection (3) must be proved on the balance of probabilities – see section 440.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
16 Part XI, Division 11 inserted
After section 453
insert
Division 11 Statute Law Amendment (Directors' Liability) Act 2015
454 Offences – before and after commencement
(1) Section 125D, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 5 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 125D, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
6 Electoral Act
17 Act
amended
This Division amends the Electoral Act.
Section 299
repeal
Division
7 Electricity Reform
Act
19 Act
amended
This Division amends the Electricity Reform Act.
Section 105
repeal, insert
105 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer knew, or could reasonably have been expected to have known, that the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.
(3) Subsection (2) does not limit the matters the court may consider.
(4) This section does not affect the liability of the body corporate.
(5) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(6) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(7) In this section:
declared provision means:
(a) section 14(1), 31(1), 42(6) or (7), 67(1), 68(1), 69, 70(4), 71(1), 78(3), 79(3), 80(4), 81(3), 89(1), 90(1), 96(1), 97(1) or (2), 98(1) or 99(1) or (3); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
Part 9 heading
omit, insert
Part 10 Transitional matters for National Electricity (Northern Territory) (National Uniform Legislation) Act 2015
After section 111
insert
Part 9 Repeals and transitional matters for Electricity Reform Act 2000
After section 116
insert
Part 11 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
117 Offences – before and after commencement
(1) Section 105, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 7 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 105, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
8 Energy Pipelines
Act
24 Act
amended
This Division amends the Energy Pipelines Act.
Section 58G
repeal, insert
58G Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer knew, or could reasonably have been expected to have known, that the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.
(3) Subsection (2) does not limit the matters the court may consider.
(4) This section does not affect the liability of the body corporate.
(5) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(6) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(7) In this section:
declared provision means:
(a) section 12(1) or (2), 15A(6), 26(2), 28(4), 37(1), 37A(1) or (3), 38(3), 39, 40(3), 42(6), 65 or 66(1), (2), (3) or (5); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 71
insert
Part VIII Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
72 Offences – before and after commencement
(1) Section 58G, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 8 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 58G, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
9 Energy Pipelines
Regulations
27 Regulations
amended
This Division amends the Energy Pipelines Regulations.
28 Part 6, Division 3 inserted
After regulation 51, in Part 6
insert
For section 58G(7) of the Act, definition declared provision, paragraph (b), regulations 10, 14, 16, 20(1), 21, 22(1) and (2), 43(1) and 49 are prescribed.
Division
10 Fire and Emergency
Act
29 Act
amended
This Division amends the Fire and Emergency Act.
Section 49
repeal, insert
49 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 25(4), 27A(3) or 30(6); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 54
insert
Part 8 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
55 Offences – before and after commencement
(1) Section 49, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 10 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 49, as in force before the commencement:
(a) continues to apply in relation to offences committed by a corporation before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
11 Firearms
Act
32 Act
amended
This Division amends the Firearms Act.
Section 107
repeal, insert
106B Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer knew, or could reasonably have been expected to have known, that the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.
(3) Subsection (2) does not limit the matters the court may consider.
(4) This section does not affect the liability of the body corporate.
(5) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(6) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(7) In this section:
declared provision means:
(a) section 16A(4) or 19; or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
107 Criminal liability of executive officer of body corporate – deemed liability if body corporate commits offence
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 26(2), 46(1), 58(1) or (6), 61(1) or (2), 61A(2), 62(1) or (2), 63(1) or (2) or 63A(1), (2) or (3); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
Section 114
renumber as section 112
35 Part 13 and Part 13, Division 1 headings inserted
Before section 113
insert
Part 13 Transitional matters
Division 1 Firearms Amendment Act 2003
36 Part 13, Division 2 inserted
After section 113
insert
Division 2 Statute Law Amendment (Directors' Liability) Act 2015
114 Offences – before and after commencement
(1) Sections 106B and 107, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new sections) apply in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 11 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 107, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new sections do not apply.
Division
12 Flag and Emblem Act
37 Act
amended
This Division amends the Flag and Emblem Act.
Section 10
repeal
Division
13 Food
Act
39 Act
amended
This Division amends the Food Act.
Section 114
repeal, insert
114 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer knew, or could reasonably have been expected to have known, that the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.
(3) Subsection (2) does not limit the matters the court may consider.
(4) This section does not affect the liability of the body corporate.
(5) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(6) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(7) In this section:
declared provision means:
(a) section 32(4); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
114A Criminal liability of executive officer of body corporate – deemed liability if body corporate commits offence
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 12, 13, 15(1) or (2), 16(1) or (2), 17(1), (2) or (3), 18(1), 19(1), (2) or (3), 20(1) or (2), 52(1), 73(3), 75(5), 79(7), 102, 107 or 129(3); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 145
insert
Part 14 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
146 Offences – before and after commencement
(1) Sections 114 and 114A, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new sections) apply in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 13 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 114, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new sections do not apply.
Division
14 Gaming Control
Act
42 Act
amended
This Division amends the Gaming Control Act.
Section 17(4)(c)
omit
corporation
insert
body corporate
Section 20(5)
omit (all references)
corporation
insert
body corporate
Section 40(4A)(c)
omit
corporation
insert
body corporate
Section 46C(4)(ba)
omit
corporation
insert
body corporate
Section 46F(5)
omit (all references)
corporation
insert
body corporate
Section 47C(4)(ba)
omit
corporation
insert
body corporate
Section 47F(5)
omit (all references)
corporation
insert
body corporate
Section 72
repeal, insert
72 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 27(6), 49(1) or 55; or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
51 Part 7, Division 4 inserted
After section 91
insert
Division 4 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
92 Offences – before and after commencement
(1) Section 72, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 14 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 72, as in force before the commencement:
(a) continues to apply in relation to offences committed by a corporation before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
15 Gaming Machine
Act
52 Act
amended
This Division amends the Gaming Machine Act.
Section 180
repeal, insert
180 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer knew, or could reasonably have been expected to have known, that the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.
(3) Subsection (2) does not limit the matters the court may consider.
(4) This section does not affect the liability of the body corporate.
(5) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(6) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(7) In this section:
declared provision means:
(a) section 140(1) or (3); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
180A Criminal liability of executive officer of body corporate – deemed liability if body corporate commits offence
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 47(1A); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 203
insert
Part 12 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
204 Offences – before and after commencement
(1) Sections 180 and 180A, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new sections) apply in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 15 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 180, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new sections do not apply.
Division
16 Health Practitioners
Act
55 Act
amended
This Division amends the Health Practitioners Act.
Section 127
repeal, insert
127 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) Schedule 7, clause 2(1), 3, 4(1) or (2), 5(1) or (2), 7(1), (2) or (3) or 8(1); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 158
insert
Part 14 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
159 Offences – before and after commencement
(1) Section 127, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 16 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 127, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
17 Higher Education
Act
58 Act
amended
This Division amends the Higher Education Act.
Section 55
repeal
Division
18 Kava Management
Act
60 Act
amended
This Division amends the Kava Management Act.
Section 26
repeal, insert
26 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 12(1) or (2), 13 or 14; or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 99
insert
Part 13 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
100 Offences – before and after commencement
(1) Section 26, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 18 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 26, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
19 Liquor
Act
63 Act
amended
This Division amends the Liquor Act.
(1) Section 25(3)
omit
(2) Section 25(5)
omit, insert
(5) If a licence is granted to a body corporate that has nominated a manager under subsection (2):
(a) the name of the manager must, in addition to the name of the body corporate, be endorsed on the licence; and
(b) the written approval of the Director-General is necessary before any change of the manager will be recognised for this Act; and
(c) for this Act, the manager is taken to be a joint licensee with the body corporate of the licensed premises.
(3) Section 25(6) and (7)
omit
After section 123A
insert
123B Criminal liability of executive officer of body corporate – evidential burden of proof on defence
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is an offence of absolute liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 31A(6), 33I, 113A(1) or 115; or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 163
insert
Part XXI Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
Section 123B applies in relation to a relevant offence committed by a body corporate after the commencement of that section (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against that section occurred after the commencement.
Division
20 Livestock
Act
67 Act
amended
This Division amends the Livestock Act.
Section 134
repeal, insert
134 Criminal liability of executive officer of body corporate – evidential burden of proof on defence
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is an offence of absolute liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 41, 45, 48(3), 53(4), 56(3) or (4), 59(3), 64, 67 or 68(1); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 146
insert
Part 11 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
147 Offences – before and after commencement
(1) Section 134, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 20 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 134, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
21 Long Service Leave
Act
70 Act
amended
This Division amends the Long Service Leave Act.
Section 18(3)
omit
Division
22 Major Cricket Events
Act
72 Act
amended
This Division amends the Major Cricket Events Act.
Section 9
repeal
Division
23 Medicines, Poisons and Therapeutic Goods
Act
74 Act
amended
This Division amends the Medicines, Poisons and Therapeutic Goods Act.
(1) Section 215(1)
omit, insert
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared EO liability provision (a relevant offence) and the officer was reckless about whether the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer recklessly failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(1A) Strict liability applies to subsection (1)(b).
(2) Section 215(2)(a)(i) and (iii)
omit
declared provision
insert
declared EO liability provision
(3) Section 215(5)
omit
convicted
insert
found guilty
(4) After section 215(6)
insert
(7) In this section:
declared EO liability provision means:
(a) section 37, 39, 40, 41, 42, 43(1) or (2), 44(2), 46, 47, 49, 50, 51, 52(1), 53, 54(1), 110(1), (2) or (3), 111(1), (2) or (3), 112, 113(1) or (2) or 115(4); or
(b) a provision of the Regulations prescribed by regulation.
After section 294
insert
Part 9.3 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
295 Offences – before and after commencement
(1) Section 215, as amended by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 23 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 215, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement: and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
24 Medicines, Poisons and Therapeutic Goods
Regulations
77 Regulations
amended
This Division amends the Medicines, Poisons and Therapeutic Goods Regulations.
After regulation 81, in Part 6
insert
For section 215(7) of the Act, definition declared EO liability provision, paragraph (b), regulation 31 is prescribed.
Division
25 Misuse of Drugs
Act
79 Act
amended
This Division amends the Misuse of Drugs Act.
Section 39
repeal, insert
39 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 5(1), 6(1) or (2), 7(1), 8(1) or 8A(1); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
81 Part IV and Part IV, Division 1 headings inserted
After section 43
insert
Part IV Transitional matters
Division 1 Acts commencing before 2015
82 Part IV, Division 2 inserted
After section 46
insert
Division 2 Statute Law Amendment (Directors' Liability) Act 2015
47 Offences – before and after commencement
(1) Section 39, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 25 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 39, as in force before the commencement:
(a) continues to apply in relation to offences committed by a corporation before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
26 Ombudsman
Act
83 Act
amended
This Division amends the Ombudsman Act.
Section 131
repeal
Division
27 Plant Health
Act
85 Act
amended
This Division amends the Plant Health Act.
Section 67
repeal, insert
67 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer was reckless about whether the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer recklessly failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) Strict liability applies to subsection (1)(b).
(3) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.
(4) Subsection (3) does not limit the matters the court may consider.
(5) This section does not affect the liability of the body corporate.
(6) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(7) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(8) In this section:
declared provision means:
(a) section 13(1), 14(1), 22(4), 25(3), 28(3), 35(3), 37(6), 60(1) or (2), 61(1) or 62(1); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
67A Criminal liability of executive officer of body corporate – evidential burden of proof on defence
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is an offence of absolute liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 15(1), 16(1), 17(6), 18(4), 19(6) or 20(4); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 81
insert
Part 6 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
82 Offences – before and after commencement
(1) Sections 67 and 67A, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new sections) apply in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 27 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 67, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new sections do not apply.
Division
28 Poppy Regulation
Act
88 Act
amended
This Division amends the Poppy Regulation Act.
Section 42
repeal, insert
42 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer was reckless about whether the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer recklessly failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) Strict liability applies to subsection (1)(b).
(3) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.
(4) Subsection (3) does not limit the matters the court may consider.
(5) This section does not affect the liability of the body corporate.
(6) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(7) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(8) In this section:
declared provision means:
(a) section 32, 33, 34(1) or 36(1); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 49
insert
Part 6 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
50 Offences – before and after commencement
(1) Section 42, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 28 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 42, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
29 Price Exploitation Prevention
Act
91 Act
amended
This Division amends the Price Exploitation Prevention Act.
Section 59
repeal, insert
59 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 15(1), (2) or (3), 23(2), 25(2), 26(1), (3) or (5A), 27(1) or (4A), 28(1), 29, 30(1), 31(1) or 43(1); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 65
insert
66 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
(1) Section 59, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 29 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
. (2) Section 59, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
30 Printers and Newspapers
Act
94 Act
amended
This Division amends the Printers and Newspapers Act.
Section 10
repeal, insert
10 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 4(1) or (2); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 12
insert
Part IV Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
13 Offences – before and after commencement
(1) Section 10, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 30 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 10, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
31 Prostitution Regulation
Act
97 Act
amended
This Division amends the Prostitution Regulation Act.
Section 48
repeal
Division
32 Public and Environmental Health
Act
99 Act
amended
This Division amends the Public and Environmental Health Act.
(1) Section 119(1)
omit, insert
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared provision other than section 88, 111, 112(1) or 113(1) or (2) (a relevant offence) and the officer was reckless about whether the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer recklessly failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(1A) Strict liability applies to subsection (1)(b).
(2) Section 119(5)
omit
convicted
insert
found guilty
101 Part 11, Division 3 inserted
After section 139
insert
Division 3 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
140 Offences – before and after commencement
(1) Section 119, as amended by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 32 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 119, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
33 Public Holidays
Act
102 Act
amended
This Division amends the Public Holidays Act.
Section 16(3)
omit
Section 16A
omit
Subject to section 16(3), an
insert
An
Division
34 Residential Tenancies
Act
105 Act
amended
This Division amends the Residential Tenancies Act.
Section 11
repeal
Division
35 Sexual Offences (Evidence and Procedure)
Act
107 Act
amended
This Division amends the Sexual Offences (Evidence and Procedure) Act.
Section 13
repeal, insert
13 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 11(1) or (2); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
14 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
(1) Section 13, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 35 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 13, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
36 Surveillance Devices
Act
109 Act
amended
This Division amends the Surveillance Devices Act.
Section 72
repeal, insert
72 Criminal liability of executive officer of body corporate – evidential burden of proof on defence
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a declared offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the declared offence.
(2) An offence against subsection (1) is an offence of absolute liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the declared offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the declared offence.
(9) In this section:
declared provision means:
(a) section 11(1), 12(1), 15(1), 45(1) or 52(1) or (2); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
111 Part 11, Division 1 heading inserted
Before section 78, in Part 11
insert
Division 1 Repeals and transitional matters for Surveillance Devices Act 2007
Section 79
omit
Part:
insert
Division:
113 Part 11, Division 2 inserted
After section 83
insert
Division 2 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
84 Offences – before and after commencement
(1) Section 72, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a declared offence committed by a body corporate after the commencement of Part 2, Division 36 of that Act (the commencement) only if:
(a) all the conduct constituting the declared offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 72, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to declared offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
37 Taxation Administration
Act
114 Act
amended
This Division amends the Taxation Administration Act.
Section 137
repeal, insert
137 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer knew, or could reasonably have been expected to have known, that the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.
(3) Subsection (2) does not limit the matters the court may consider.
(4) This section does not affect the liability of the body corporate.
(5) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(6) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(7) In this section:
declared provision means:
(a) section 24(1) or (3), 33(6), 52(1) or (2), 60(6), 74(1), 75(2), 76, 77(1), 78(1), 79(1), 80(1), 81(1), 82(1) or (2), 83, 84, 85, 91(6) or 97(1) or (2); or
(b) section 24(2), 39(1), 56K(9), 56W(3), 57(1), 59(5) or 83B(5) of the Stamp Duty Act; or
(c) a provision of regulations made under this Act or the Stamp Duty Act prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 166
insert
Part 17 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
167 Offences – before and after commencement
(1) Section 137, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 37 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 137, as in force before the commencement:
(a) continues to apply in relation to offences committed by a company before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
38 Totalisator Licensing and Regulation
Act
117 Act
amended
This Division amends the Totalisator Licensing and Regulation Act.
Section 106
repeal, insert
106 Criminal liability of executive officer of body corporate or club
(1) An executive officer of a body corporate or club commits an offence if:
(a) the body corporate or club commits an offence by contravening a declared provision (a relevant offence) and the officer knew, or could reasonably have been expected to have known, that the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate or club in relation to the contravention; and
(c) the officer failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate or club arranged regular professional assessments of the body corporate's or club's compliance with the declared provision;
(ii) the body corporate or club implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's or club's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.
(3) Subsection (2) does not limit the matters the court may consider.
(4) This section does not affect the liability of the body corporate or club.
(5) This section applies whether or not the body corporate or club is prosecuted for, or found guilty of, the relevant offence.
(6) This section does not apply if the body corporate or club would have a defence to a prosecution for the relevant offence.
(7) In this section:
declared provision means:
(a) section 35, 36, 110(1) or (2) or 115(4); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate or club, means a director or other person who is concerned with, or takes part in, the management of the body corporate or club.
After section 141
insert
Part 13 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
142 Offences – before and after commencement
(1) Section 106, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate or club after the commencement of Part 2, Division 38 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 106, as in force before the commencement:
(a) continues to apply in relation to offences committed or allegedly committed by a club, company or other body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate or club after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
39 Transport of Dangerous Goods by Road and Rail (National Uniform Legislation)
Act
120 Act
amended
This Division amends the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act.
(1) Section 126(1)
omit, insert
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared EO liability provision (a relevant offence) and the officer was reckless about whether the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer recklessly failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(1A) Strict liability applies to subsection (1)(b).
(2) Section 126(2)(a)(i) and (iii)
omit
declared provision
insert
declared EO liability provision
(3) Section 126(5)
omit
convicted
insert
found guilty
(4) Section 126(7)
insert (in alphabetical order)
declared EO liability provision means:
(a) section 67(5) or (7), 68(3), 83(1), 84, 85(1), 87(1), 108, 110 or 138(2), (3) or (7); or
(b) a provision of the Regulations prescribed by regulation.
After section 152
insert
Part 9 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
153 Offences – before and after commencement
(1) Section 126, as amended by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 39 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 126, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
40 Utilities Commission
Act
123 Act
amended
This Division amends the Utilities Commission Act.
Section 39
repeal
Division
41 Waste Management and Pollution Control
Act
125 Act
amended
This Division amends the Waste Management and Pollution Control Act.
Section 91
repeal, insert
91 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
Note for subsection (3)
A matter mentioned in subsection (3) must be proved on the balance of probabilities – see section 440 of the Criminal Code.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
declared provision means:
(a) section 14(1) or (2), 30(1), (2) or (3), 39(1) or (2), 43(1), 51(1), 52(1), (2), (3) or (4), 63(1) or (2), 80(1) or (2) or 83(1), (2), (3), (4), (5), (6) or (7); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
After section 123
insert
Part 15 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015
124 Offences – before and after commencement
(1) Section 91, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 41 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 91, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Division
42 Water Supply and Sewerage Services
Act
128 Act
amended
This Division amends the Water Supply and Sewerage Services Act.
Section 112
repeal, insert
112 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer knew, or could reasonably have been expected to have known, that the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.
(3) Subsection (2) does not limit the matters the court may consider.
(4) This section does not affect the liability of the body corporate.
(5) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(6) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(7) In this section:
declared provision means:
(a) section 14(1), 33(6) or (7), 43(1), 46(2) or (3), 82(1), 88(1), 90(1), 95(1), 99(1) or (2) or 101(3); or
(b) a provision of the Regulations prescribed by regulation.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
130 Part 7 and Part 7, Division 1 headings inserted
After section 119
insert
Part 7 Transitional matters
Division 1 Water Supply and Sewerage Services Act 2000
131 Part 7, Division 2 inserted
After section 120
insert
Division 2 Statute Law Amendment (Directors' Liability) Act 2015
121 Offences – before and after commencement
(1) Section 112, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 42 of that Act (the commencement) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 112, as in force before the commencement:
(a) continues to apply in relation to offences committed by a corporation before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.
Part 3 Expiry
of
Act
132 Expiry
of Act
This Act expires on the day after it commences.
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