Queensland Numbered Acts

TOBACCO AND OTHER SMOKING PRODUCTS (VAPING) AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 31

31 Insertion of new s 230A

After section 230 —
insert—

230A Liability of executive officer—offence committed by corporation against executive liability provision

(1) An executive officer of a corporation commits an offence if—

(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 penalty—the 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 to—

(a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and

(b) whether the officer was in a position to influence the corporation’s 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—

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

(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 executive liability provision.

(5) In this section—

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

(a) section 65;

(b) section 66;

(c) section 67;

(d) section 161;

(e) section 161A.