INVASION OF PRIVACY ACT 1971 - SECT 49A Executive officer may be taken to have committed offence

INVASION OF PRIVACY ACT 1971 - SECT 49A

49A Executive officer may be taken to have committed offence

(1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—

(a) the officer authorised or permitted the corporation’s conduct constituting the offence; or

(b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.

(2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.

(3) This section does not affect either of the following—

(a) the liability of the corporation for the offence against the deemed executive liability provision;

(b) the liability, under the Criminal Code , chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.

(4) In this section—


"deemed executive liability provision" means any of the following provisions—

†¢ section 43 (1)

†¢ section 43 (5)

†¢ section 44 (1)

†¢ section 45 (1)

†¢ section 46 (4) .

"executive officer" , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.