Civil liability Coercive, unfair or deceptive recruitment Employment contracts Forced labour Immigration status Minimum wage Poor working conditions
Executive officers of a body corporate will be criminally liable for an offence committed under Division 12, Subdivision C (i.e. sections 245AA to 245AP) if:
(a) the body corporate contravenes a provision in this Subdivision; and
(b) the officer knew, or was reckless or negligent about whether the offence would be committed; and
(c) the officer was in a position to influence the conduct of the body; and
(d) the officer failed to take reasonable steps to prevent the offence from being committed.
An executive officer of a body corporate is a director, chief executive officer, chief financial officer, or secretary of the body corporate.
These offences carry a pecuniary penalty not exceeding of $360,000 (2000 penalty units) (see section 4B of the Crimes Act 1914).
2 Section 45AJ Criminal liability of executive officers of bodies corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body commits an offence (the work‑related offence) against this Subdivision; and
(b) the officer knew that, or was reckless or negligent as to whether, the work‑related offence would be committed; and
(c) the officer was in a position to influence the conduct of the body in relation to the work‑related offence; and
(d) the officer failed to take all reasonable steps to prevent the work‑related offence being committed.
(2) An offence against subsection (1) is punishable on conviction by a pecuniary penalty not exceeding one‑fifth of the maximum pecuniary penalty that a court could impose on the body corporate for the work‑related offence.
Reasonable steps to prevent the offence
(3) In determining whether the executive officer of the body corporate failed to take all reasonable steps to prevent the work‑related offence being committed by the body, a court must have regard to:
(a) what action (if any) the officer took towards ensuring that the body’s employees, agents and contractors had a reasonable knowledge and understanding of the requirements to comply with this Subdivision, insofar as those requirements affected the employees, agents or contractors concerned; and
(b) what action (if any) the officer took when he or she became aware that the body was committing the work‑related offence.
(4) Subsection (3) does not limit subsection (1).
(5) In this section:
executive officer of a body corporate means:
(a) a director of the body corporate; or
(b) the chief executive officer (however described) of the body corporate; or
(c) the chief financial officer (however described) of the body corporate; or
(d) the secretary of the body corporate.
Law / 14th October 2003 /Australia / Migration Act 1958 (Cth)
The Migration Act is a mechanism governing immigration to Australia. The Act relates to the entry into, and presence in, Australia of foreigners, and their departure or deportation from Australia.