PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 814 Liability of executive officer—particular offences committed by corporation
PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 814
Liability of executive officerâparticular offences committed by corporation814 Liability of executive officerâparticular offences committed by corporation
(1) An executive officer of a corporation commits an offence ifâ(a) the corporation commits an offence against an executive liability provision; and(b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.Penalty—Maximum penaltyâthe penalty for a contravention of the executive liability provision by an individual.
(2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard toâ(a) whether the officer knew, or ought reasonably to have known, of the corporationâs conduct constituting the offence against the executive liability provision; and(b) whether the officer was in a position to influence the corporationâs conduct in relation to the offence against the executive liability provision; and(c) any other relevant matter.
(3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.
(4) This section does not affect any of the followingâ(a) the liability of the corporation for the offence against the executive liability provision;(b) the liability, under section 814A , of the executive officer for the offence against the executive liability provision;(c) 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 executive liability provision.
(5) In this sectionâ
"executive liability provision" means any of the following provisionsââ ¢ section 696 (2)â ¢ section 696 (3)â ¢ section 731AA (1)â ¢ section 800 (1)â ¢ section 813 (1)â ¢ section 813 (2)â ¢ section 813 (3) .