Queensland Consolidated Acts

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INTRODUCTION AGENTS ACT 2001 - SECT 94

94 Executive officers must ensure corporation complies with Act

(1) The executive officers of a corporation must ensure that the corporation complies with this Act.

(2) If a corporation commits an offence against a provision of this Act, each of the executive officers of the corporation also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision.

Maximum penalty--the penalty for the contravention of the provision by an individual or, if the penalty is expressed to be for this section, the expressed penalty.

(3) Evidence that the corporation has committed an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision.

(4) However, it is a defence for an executive officer to prove that--

(a) if the officer was in a position to influence the conduct of the corporation in relation to the offence, the officer took all reasonable steps to ensure the corporation complied with the provision; or
(b) the officer was not in a position to influence the conduct of the corporation in relation to the offence.

(5) For subsection (4)(a), it is sufficient for the executive officer to prove that the act or omission that was the offence was done or made without the officer's knowledge despite the officer having taken all reasonable steps to ensure the corporation complied with the provision.



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