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MIGRATION ACT 1958 - SECT 245AT

Criminal liability of executive officers of bodies corporate

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

                     (a)  the body commits an offence (the sponsorship-related offence ) against this Subdivision; and

                     (b)  the officer knew that, or was reckless or negligent as to whether, the sponsorship-related offence would be committed; and

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

                     (d)  the officer failed to take all reasonable steps to prevent the sponsorship-related offence being committed.

Penalty:  360 penalty units.

             (2)  In determining whether the executive officer of the body corporate failed to take all reasonable steps to prevent the sponsorship-related offence being committed by the body, a court must have regard to:

                     (a)  what action (if any) the officer took towards ensuring that the body's employees, agents and contractors had a reasonable knowledge and understanding of the requirements to comply with this Subdivision, insofar as those requirements affected the employees, agents or contractors concerned; and

                     (b)  what action (if any) the officer took when he or she became aware that the body was committing the sponsorship-related offence.

             (3)  Subsection (2) does not limit subsection (1).



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