What the Law states - Corporate criminal responsibility for offence against section 254

Crimes Act 1958 - SECT 255

Corporate criminal responsibility for offence against section 254

255. Corporate criminal responsibility for offence against section 254

(1) For the purposes of a proceeding against a body corporate for an offence against section 254-

   (a)  relevant conduct engaged in by an associate of the body corporate must also be attributed to the body corporate; and

   (b)  knowledge of an associate of the body corporate must also be attributed to the body corporate; and

   (c)  intention-

   (i)  of the body corporate's board of directors; or

   (ii) of an officer of the body corporate; or

   (iii) of any other associate of the body corporate if a corporate culture existed within the body corporate that directed, encouraged, tolerated or led to the formation of that intention- must also be attributed to the body corporate.

(2) If an officer of a body corporate contravenes section 254, the body corporate must be taken to have also contravened that section and may be proceeded against and found guilty of an offence against that section whether or not the officer has been proceeded against or found guilty of that offence.

(3) In a proceeding against a body corporate for an offence against section 254, brought in reliance on subsection (2), it is a defence to the charge for the body corporate to prove that it exercised due diligence to prevent the contravention of that section by the officer.

(4) The means by which authorisation or permission as required by section 254(1)(b)(ii) may be established include-

   (a)  proving that an officer of the body corporate gave that authorisation or permission; or

   (b)  proving that the body corporate's board of directors gave that authorisation or permission; or

   (c)  proving that a corporate culture existed within the body corporate that directed, encouraged, tolerated or led to the relevant conduct being carried out.

(5) Subsection (4)(a) does not apply if the body corporate proves that it exercised due diligence to prevent the authorisation or permission being given.

(6) Factors relevant to the application of subsection (1)(c)(iii) or (4)(c)

include-

   (a)  whether authority to commit an offence against section 254 or an offence of a similar character had been given by an officer of the  body corporate; and

   (b)  whether the associate of the body corporate who carried out the relevant conduct or formed the relevant intention believed on reasonable grounds, or entertained a reasonable expectation, that an officer of the body corporate would have authorised or permitted the relevant conduct being carried out with the relevant intention.

(7) Subject to subsection (8), it is not necessary that each element of an offence against section 254 that is attributed to a body corporate by force of subsection (1) be supplied by the same associate of the body corporate.

(8) It is necessary that the elements referred to in section 254(1)(b)(i) and
(c) be supplied by the same associate of the body corporate.