VOLUNTARY ASSISTED DYING ACT 2021 - SECT 106
VOLUNTARY ASSISTED DYING ACT 2021 - SECT 106
106—Criminal liability of officers of body corporate—failure to
exercise due diligence
(1) If a
body corporate commits an offence against a provision specified in
subsection (2), an officer of the body corporate also commits an offence
against the provision if the officer failed to exercise due diligence to
prevent the commission of the offence by the body corporate.
(2) For the purposes
of subsection (1), the following provisions are specified:
(a)
section 100;
(b)
section 101;
(c)
section 102;
(d)
section 103;
(e)
section 105.
(3) In determining
whether an officer of a body corporate failed to exercise due diligence, a
court may have regard to—
(a) what
the officer knew, or ought reasonably to have known, about the commission of
the offence by the body corporate; and
(b)
whether or not the officer was in a position to influence the body corporate
in relation to the commission of the offence by the body corporate; and
(c) what
steps the officer took, or could reasonably have taken, to prevent the
commission of the offence by the body corporate; and
(d) any
other relevant matter.
(4) Without limiting
any other defence available to the officer, an officer of a body corporate may
rely on a defence that would be available to the body corporate if it were
charged with the offence with which the officer is charged and, in doing so,
the officer bears the same burden of proof that the body corporate would bear.
(5) An officer of a
body corporate may commit an offence against a provision specified in
subsection (2) whether or not the body corporate has been prosecuted for,
or found guilty of, an offence against that provision.
(6) In this
section—
"body corporate" has the same meaning as in the Corporations Act 2001 of
the Commonwealth;
"officer" in relation to a body corporate means—
(a) a
person who is an officer (within the meaning of the Corporations Act 2001
of the Commonwealth) of the body corporate; or
(b) a
person (other than a person referred to in paragraph (a)), by whatever
name called, who is concerned in, or takes part in, the management of the
body corporate.