ANIMAL RESEARCH ACT 1985 - SECT 58
Liability of directors etc for offences by corporation--offences attracting executive liability
ANIMAL RESEARCH ACT 1985 - SECT 58
Liability of directors etc for offences by corporation--offences attracting executive liability
58 Liability of directors etc for offences by corporation--offences attracting
executive liability
(1) For the purposes of this section, an
"executive liability offence" is an offence against any of the following
provisions of this Act that is committed by a corporation--
(ii) an individual who is involved in the management of the
corporation and who is in a position to influence the conduct of the
corporation in relation to the commission of the executive liability offence,
and
(c) the person--
(i) knows or ought reasonably to know that the
executive liability offence (or an offence of the same type) would be or is
being committed, and
(ii) fails to take all reasonable steps to prevent or
stop the commission of that offence.
(6) This section does not affect the application
of any other law relating to the criminal liability of any persons (whether or
not directors or other managers of the corporation) who are accessories to the
commission of the executive liability offence or are otherwise concerned in,
or party to, the commission of the executive liability offence.
(7) In this
section--
"director" has the same meaning it has in the Corporations Act 2001 of the
Commonwealth.
"reasonable steps" , in relation to the commission of an
executive liability offence, includes, but is not limited to, such action (if
any) of the following kinds as is reasonable in all the circumstances--
(ii) ensuring that the
corporation arranged regular professional assessments of its compliance with
the provision,
(b) action towards ensuring that the corporation's employees,
agents and contractors are provided with information, training, instruction
and supervision appropriate to them to enable them to comply with the
provision creating the executive liability offence so far as the provision is
relevant to them,
(c) action towards ensuring that--
(i) the plant, equipment
and other resources, and
(ii) the structures, work systems and other
processes,
relevant to compliance with the provision creating the
executive liability offence are appropriate in all the circumstances,
(d)
action towards creating and maintaining a corporate culture that does not
direct, encourage, tolerate or lead to non-compliance with the provision
creating the executive liability offence.