Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 57

57 Executive officers must ensure corporation complies with transport Act

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

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

Maximum penalty—the maximum penalty for the contravention of the provision by an individual.

(3) Evidence that a corporation has been convicted of an offence against a provision of a transport Act is evidence each of the corporation's 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—

(a) if the officer was in a position to influence the corporation's conduct in relation to the offence—that 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 corporation's conduct in relation to the offence.


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