Liability of executive officer—particular offences
committed by corporation
(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.
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.