Statute Law Amendment (Directors' Liability) Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 1 PART 2—AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 2 3 Section 72 amended 2 4 New sections 72A, 72B and 72C inserted 2 72A Criminal liability of officers of bodies corporate— accessorial liability 2 72B Criminal liability of officers of bodies corporate— failure to exercise due diligence 4 72C Criminal liability of officers of bodies corporate— failure to exercise due diligence (evidential burden of proof) 6 5 Insertion of Notes 8 6 New Part 10 inserted 10 PART 10—TRANSITIONAL PROVISION 10 78 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 10 PART 3—ANZAC DAY ACT 1958 12 7 Section 5 amended 12 8 Section 5A amended 12 9 Section 5C amended 12 10 New section 5E inserted 12 5E Criminal liability of officers of bodies corporate— accessorial liability 12 11 Insertion of Notes 14 12 New section 8 inserted 14 8 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 14 -- 1 of 85 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 4—DAIRY ACT 2000 16 13 Section 55 amended 16 14 New sections 55A, 55B and 55C inserted 16 55A Criminal liability of officers of bodies corporate— accessorial liability 16 55B Criminal liability of officers of bodies corporate— failure to exercise due diligence 18 55C Criminal liability of officers of bodies corporate— failure to exercise due diligence (legal burden of proof) 19 15 Section 56 amended 21 16 Insertion of Notes 21 17 New section 72 inserted 22 72 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 22 PART 5—ELECTORAL ACT 2002 23 18 Section 179 amended 23 19 New section 179A inserted 23 179A Criminal liability of officers of bodies corporate— accessorial liability 23 20 Insertion of Notes 25 21 New section 187 inserted 26 187 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 26 PART 6—FOOD ACT 1984 27 22 Section 51 amended 27 23 New sections 51A and 51B inserted 27 51A Criminal liability of officers of bodies corporate— accessorial liability 27 51B Criminal liability of officers of bodies corporate— failure to exercise due diligence (legal burden of proof) 29 24 Insertion of Notes 31 25 New section 81 inserted 33 81 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 33 -- 2 of 85 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 7—LIQUOR CONTROL REFORM ACT 1998 35 26 Section 53 amended 35 27 New section 53A, 53B and 53C inserted 35 53A Criminal liability of officers of bodies corporate— accessorial liability 35 53B Criminal liability of officers of bodies corporate— failure to exercise due diligence 38 53C Criminal liability of officers of bodies corporate— failure to exercise due diligence (evidential burden of proof) 39 28 Section 106A amended 42 29 Insertion of Notes 42 30 New section 183 inserted 44 183 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 44 PART 8—LIVESTOCK DISEASE CONTROL ACT 1994 45 31 Section 134 amended 45 32 Insertion of Notes 45 PART 9—LOCAL GOVERNMENT ACT 1989 47 33 Section 239 amended 47 34 New section 239A inserted 47 239A Criminal liability of officers of bodies corporate— failure to exercise due diligence 47 35 Insertion of Note 49 36 New section 245 inserted 49 245 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 49 PART 10—SHOP TRADING REFORM ACT 1996 51 37 Section 8 amended 51 38 New section 8A inserted 51 8A Criminal liability of officers of bodies corporate— accessorial liability 51 39 Insertion of Note 53 40 New section 12 inserted 53 12 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 53 -- 3 of 85 -- Section Page iv Authorised by the Chief Parliamentary Counsel PART 11—SURVEILLANCE DEVICES ACT 1999 54 41 Section 32 substituted and new section 32A inserted 54 32 Criminal liability of officers of bodies corporate— accessorial liability 54 32A Criminal liability of officers of bodies corporate— failure to exercise due diligence 55 42 Insertion of Notes 57 43 New section 42A inserted 58 42A Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 58 PART 12—TAXATION ADMINISTRATION ACT 1997 59 44 Section 130 amended 59 45 New sections 130A, 130B and 130C inserted 59 130A Criminal liability of officers of bodies corporate— accessorial liability 59 130B Criminal liability of officers of bodies corporate— failure to exercise due diligence 62 130C Criminal liability of officers of bodies corporate— failure to exercise due diligence (legal burden of proof) 65 46 Insertion of Notes 66 47 New section 138 inserted 67 138 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 67 PART 13—UNCLAIMED MONEY ACT 2008 69 48 Section 26 amended 69 49 New sections 26A and 26B inserted 69 26A Criminal liability of officers of bodies corporate— accessorial liability 69 26B Criminal liability of officers of bodies corporate— failure to exercise due diligence 71 50 Insertion of Notes 72 51 New section 105 inserted 73 105 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 73 PART 14—MISCELLANEOUS 75 Division 1—Broiler Chicken Industry Act 1978 75 52 Section 17(1)(c) repealed 75 Division 2—Business Franchise (Petroleum Products) Act 1979 75 53 Section 26 repealed 75 -- 4 of 85 -- Section Page v Authorised by the Chief Parliamentary Counsel Division 3—Congestion Levy Act 2005 76 54 Insertion of Notes 76 Division 4—Disability Act 2006 76 55 Section 216 repealed 76 Division 5—Duties Act 2000 77 56 Insertion of Notes 77 Division 6—Payroll Tax Act 2007 78 57 Insertion of Notes 78 PART 15—REPEAL OF AMENDING ACT 79 58 Repeal of amending Act 79 ═══════════════ ENDNOTES 80 -- 5 of 85 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Statute Law Amendment (Directors' Liability) Act 2013 † No. 13 of 2013 [Assented to 13 March 2013] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The main purpose of this Act is to revise the statute law of Victoria in relation to the criminal liability of officers of bodies corporate. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ Victoria -- 6 of 85 -- Part 2—Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 2 Authorised by the Chief Parliamentary Counsel PART 2—AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992 3 Section 72 amended Section 72(1), (2), (3) and (9) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 are repealed. 4 New sections 72A, 72B and 72C inserted After section 72 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "72A Criminal liability of officers of bodies corporate—accessorial liability (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 18(4); (b) section 20(3); s. 3 See: Act No. 46/1992. Reprint No. 5 as at 13 October 2011 and amending Act No 29/2012. LawToday: www. legislation. vic.gov.au -- 7 of 85 -- Part 2—Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 3 Authorised by the Chief Parliamentary Counsel (c) section 28; (d) section 46(2); (e) section 46A(2); (f) section 49(4); (g) section 50(4); (h) section 52(4); (i) section 52AA; (j) section 54(3); (k) section 55(3); (l) section 56(3); (m) section 58(4); (n) section 59(1), (2) and (3); (o) section 60(3); (p) section 61(2); (q) section 62(2); (r) section 67B(1). (3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. s. 4 -- 8 of 85 -- Part 2—Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 4 Authorised by the Chief Parliamentary Counsel (5) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. (6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 1989. 72B Criminal liability of officers of bodies corporate—failure to exercise due diligence (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 6(1); (b) section 19(1), (3), (4), (5), (6), (7) and (8); s. 4 -- 9 of 85 -- Part 2—Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 5 Authorised by the Chief Parliamentary Counsel (c) section 21; (d) section 24(1); (e) section 25A(1); (f) section 26(4); (g) section 30(1); (h) section 32(1) and (2); (i) section 39(4); (j) section 40(1); (k) section 41(1); (l) section 48(2); (m) section 67A(1). (3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to— (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the s. 4 -- 10 of 85 -- Part 2—Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 6 Authorised by the Chief Parliamentary Counsel officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (6) In this section— body corporate has the same meaning as in section 72A; officer in relation to a body corporate, has the same meaning as in section 72A. 72C Criminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof) (1) Subject to subsection (3), if a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 18(1); (b) section 20(1); (c) section 25(1); (d) section 42(3); (e) section 43(2) and (3). (3) An officer of a body corporate does not commit an offence against a provision specified in subsection (2) if— s. 4 -- 11 of 85 -- Part 2—Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 7 Authorised by the Chief Parliamentary Counsel (a) the officer presents or points to evidence that suggests a reasonable possibility that the officer exercised due diligence to prevent the commission of the offence by the body corporate; and (b) the contrary is not proved (beyond reasonable doubt) by the prosecution. (4) In determining whether an officer of a body corporate exercised due diligence, a court may have regard to— (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (5) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (6) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. s. 4 -- 12 of 85 -- Part 2—Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 8 Authorised by the Chief Parliamentary Counsel (7) In this section— body corporate has the same meaning as in section 72A; officer in relation to a body corporate, has the same meaning as in section 72A.". 5 Insertion of Notes (1) At the foot of sections 6(1), 24(1), 25A(1), 26(4), 30(1), 39(4), 40(1), 41(1), 48(2) and 67A(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "Note Section 72B applies to an offence against this subsection.". (2) At the foot of sections 18(1), 20(1), 25(1) and 42(3) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "Note Section 72C applies to an offence against this subsection.". (3) At the foot of sections 18(4), 20(3), 46(2), 46A(2), 49(4), 50(4), 52(4), 54(3), 55(3), 56(3), 58(4), 60(3), 61(2), 62(2) and 67B(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "Note Section 72A applies to an offence against this subsection.". (4) At the foot of section 19 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "Note Section 72B applies to an offence against subsection (1), (3), (4), (5), (6), (7) or (8).". s. 5 -- 13 of 85 -- Part 2—Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 9 Authorised by the Chief Parliamentary Counsel (5) At the foot of section 21 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "Note Section 72B applies to an offence against this section.". (6) At the foot of sections 28 and 52AA of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "Note Section 72A applies to an offence against this section.". (7) At the foot of section 32 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "Note Section 72B applies to an offence against subsection (1) or (2).". (8) At the foot of section 43 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "Note Section 72C applies to an offence against subsection (2) or (3).". (9) At the foot of section 59 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "Note Section 72A applies to an offence against subsection (1), (2) or (3).". s. 5 -- 14 of 85 -- Part 2—Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 10 Authorised by the Chief Parliamentary Counsel 6 New Part 10 inserted After Part 9 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert— "__________________ PART 10—TRANSITIONAL PROVISION 78 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 (1) For the avoidance of doubt, section 72A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 4 of the Statute Law Amendment (Directors' Liability) Act 2013. (2) For the avoidance of doubt, section 72B applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 4 of the Statute Law Amendment (Directors' Liability) Act 2013. (3) For the avoidance of doubt, section 72C applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 4 of the Statute Law Amendment (Directors' Liability) Act 2013. s. 6 -- 15 of 85 -- Part 2—Agricultural and Veterinary Chemicals (Control of Use) Act 1992 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 11 Authorised by the Chief Parliamentary Counsel (4) This section does not limit section 14 of the Interpretation of Legislation Act 1984.". __________________ s. 6 -- 16 of 85 -- Part 3—ANZAC Day Act 1958 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 12 Authorised by the Chief Parliamentary Counsel PART 3—ANZAC DAY ACT 1958 7 Section 5 amended Section 5(4) and (5) of the ANZAC Day Act 1958 are repealed. 8 Section 5A amended Section 5A(6) and (7) of the ANZAC Day Act 1958 are repealed. 9 Section 5C amended Section 5C(4) and (5) of the ANZAC Day Act 1958 are repealed. 10 New section 5E inserted Before section 6 of the ANZAC Day Act 1958 insert— "5E Criminal liability of officers of bodies corporate—accessorial liability (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or s. 7 See: Act No. 6198. Reprint No. 4 as at 3 December 2003 and amending Act Nos 45/2004, 98/2005 and 62/2008. LawToday: www. legislation. vic.gov.au -- 17 of 85 -- Part 3—ANZAC Day Act 1958 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 13 Authorised by the Chief Parliamentary Counsel (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 5(1); (b) section 5A(1); (c) section 5C(1). (3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (5) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or s. 10 -- 18 of 85 -- Part 3—ANZAC Day Act 1958 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 14 Authorised by the Chief Parliamentary Counsel (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. (6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 1989.". 11 Insertion of Notes (1) At the foot of sections 5(1) and 5C(1) of the ANZAC Day Act 1958 insert— "Note Section 5E applies to an offence against this subsection.". (2) For the note at the foot of section 5A(1) of the ANZAC Day Act 1958 substitute— "Notes 1 For entertainment, see subsection (8). 2 Section 5E applies to an offence against this subsection.". 12 New section 8 inserted After section 7 of the ANZAC Day Act 1958 insert— "8 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 (1) For the avoidance of doubt, section 5E applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 10 of the s. 11 -- 19 of 85 -- Part 3—ANZAC Day Act 1958 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 15 Authorised by the Chief Parliamentary Counsel Statute Law Amendment (Directors' Liability) Act 2013. (2) This section does not limit section 14 of the Interpretation of Legislation Act 1984.". __________________ s. 12 -- 20 of 85 -- Part 4—Dairy Act 2000 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 16 Authorised by the Chief Parliamentary Counsel PART 4—DAIRY ACT 2000 13 Section 55 amended Section 55(3) and (4) of the Dairy Act 2000 are repealed. 14 New sections 55A, 55B and 55C inserted After section 55 of the Dairy Act 2000 insert— "55A Criminal liability of officers of bodies corporate—accessorial liability (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 22(2)(a); (b) section 50; (c) section 53(1)(a). s. 13 See: Act No. 37/2000. Reprint No. 2 as at 8 February 2008 and amending Act Nos 46/2008, 68/2009 and 29/2010. LawToday: www. legislation. vic.gov.au -- 21 of 85 -- Part 4—Dairy Act 2000 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 17 Authorised by the Chief Parliamentary Counsel (3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (5) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. (6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 1989. s. 14 -- 22 of 85 -- Part 4—Dairy Act 2000 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 18 Authorised by the Chief Parliamentary Counsel 55B Criminal liability of officers of bodies corporate—failure to exercise due diligence (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate. (2) For the purposes of subsection (1), section 30 is specified. (3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to— (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. s. 14 -- 23 of 85 -- Part 4—Dairy Act 2000 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 19 Authorised by the Chief Parliamentary Counsel (5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (6) In this section— body corporate has the same meaning as in section 55A; officer in relation to a body corporate, has the same meaning as in section 55A. 55C Criminal liability of officers of bodies corporate—failure to exercise due diligence (legal burden of proof) (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 22(1); (b) section 22(2)(b); (c) section 36(1); (d) section 46(4); (e) section 53(1)(b). (3) It is a defence to a charge for an offence against a provision specified in subsection (2) for an officer of a body corporate to prove that the officer exercised due diligence to prevent the commission of the offence by the body corporate. (4) In determining whether an officer of a body corporate exercised due diligence, a court may have regard to— s. 14 -- 24 of 85 -- Part 4—Dairy Act 2000 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 20 Authorised by the Chief Parliamentary Counsel (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (5) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (6) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (7) In this section— body corporate has the same meaning as in section 55A; officer in relation to a body corporate, has the same meaning as in section 55A.". s. 14 -- 25 of 85 -- Part 4—Dairy Act 2000 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 21 Authorised by the Chief Parliamentary Counsel 15 Section 56 amended At the end of section 56 of the Dairy Act 2000 insert— "(2) This section does not apply to a prosecution or other legal proceeding brought against an officer of a body corporate for an offence against a provision specified in section 55A(2), 55B(2) or 55C(2) in circumstances where the body corporate has committed an offence against that provision. (3) In subsection (2) officer in relation to a body corporate, has the same meaning as in section 55A.". 16 Insertion of Notes (1) At the foot of sections 22(1), 36(1) and 46(4) of the Dairy Act 2000 insert— "Note Section 55C applies to an offence against this subsection.". (2) At the foot of sections 22(2) and 53(1) of the Dairy Act 2000 insert— "Note Section 55A applies to an offence against paragraph (a) and section 55C applies to an offence against paragraph (b).". (3) At the foot of section 30 of the Dairy Act 2000 insert— "Note Section 55B applies to an offence against this section.". (4) At the foot of section 50 of the Dairy Act 2000 insert— "Note Section 55A applies to an offence against this section.". s. 15 -- 26 of 85 -- Part 4—Dairy Act 2000 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 22 Authorised by the Chief Parliamentary Counsel 17 New section 72 inserted After section 71 of the Dairy Act 2000 insert— "72 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 (1) For the avoidance of doubt, section 55A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 14 of the Statute Law Amendment (Directors' Liability) Act 2013. (2) For the avoidance of doubt, section 55B applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 14 of the Statute Law Amendment (Directors' Liability) Act 2013. (3) For the avoidance of doubt, section 55C applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 14 of the Statute Law Amendment (Directors' Liability) Act 2013. (4) This section does not limit section 14 of the Interpretation of Legislation Act 1984.". __________________ s. 17 -- 27 of 85 -- Part 5—Electoral Act 2002 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 23 Authorised by the Chief Parliamentary Counsel PART 5—ELECTORAL ACT 2002 18 Section 179 amended Section 179(1), (2), (3) and (6) of the Electoral Act 2002 are repealed. 19 New section 179A inserted After section 179 of the Electoral Act 2002 insert— "179A Criminal liability of officers of bodies corporate—accessorial liability (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 36(1); (b) section 37(2) and (3); (c) section 83(1); s. 18 See: Act No. 23/2002. Reprint No. 3 as at 20 August 2010 and amending Act No. 26/2011. LawToday: www. legislation. vic.gov.au -- 28 of 85 -- Part 5—Electoral Act 2002 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 24 Authorised by the Chief Parliamentary Counsel (d) section 84(1) and (2); (e) section 85; (f) section 86(1); (g) section 110I; (h) section 123(4); (i) section 151(1) and (2); (j) section 155; (k) section 158(2)(a), (b), (c), (d), (e) and (f). (3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (5) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or s. 19 -- 29 of 85 -- Part 5—Electoral Act 2002 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 25 Authorised by the Chief Parliamentary Counsel (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. (6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 1989.". 20 Insertion of Notes (1) At the foot of sections 36(1), 83(1), 86(1), 123(4), 151(1) and 151(2) of the Electoral Act 2002 insert— "Note Section 179A applies to an offence against this subsection.". (2) At the foot of section 37 of the Electoral Act 2002 insert— "Note Section 179A applies to an offence against subsection (2) or (3).". (3) At the foot of section 84 of the Electoral Act 2002 insert— "Note Section 179A applies to an offence against subsection (1) or (2).". (4) At the foot of sections 85, 110I and 155 of the Electoral Act 2002 insert— "Note Section 179A applies to an offence against this section.". s. 20 -- 30 of 85 -- Part 5—Electoral Act 2002 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 26 Authorised by the Chief Parliamentary Counsel (5) At the foot of section 158(2) of the Electoral Act 2002 insert— "Note Section 179A applies to an offence against paragraph (a), (b), (c), (d), (e) or (f).". 21 New section 187 inserted After section 186 of the Electoral Act 2002 insert— "187 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 (1) For the avoidance of doubt, section 179A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 19 of the Statute Law Amendment (Directors' Liability) Act 2013. (2) This section does not limit section 14 of the Interpretation of Legislation Act 1984.". __________________ s. 21 -- 31 of 85 -- Part 6—Food Act 1984 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 27 Authorised by the Chief Parliamentary Counsel PART 6—FOOD ACT 1984 22 Section 51 amended (1) Section 51(1) and (2) of the Food Act 1984 are repealed. (2) In section 51(3) of the Food Act 1984, for "a person who is concerned or takes part in the management" substitute "an officer". (3) After section 51(3) of the Food Act 1984 insert— "(4) In this section— body corporate has the same meaning as in section 51A; officer in relation to a body corporate, has the same meaning as in section 51A.". 23 New sections 51A and 51B inserted After section 51 of the Food Act 1984 insert— "51A Criminal liability of officers of bodies corporate—accessorial liability (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 17(1); (b) section 29; s. 22 See: Act No. 10082. Reprint No. 9 as at 1 July 2011 and amending Act Nos 58/2011, 43/2012 and 60/2012. LawToday: www. legislation. vic.gov.au -- 32 of 85 -- Part 6—Food Act 1984 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 28 Authorised by the Chief Parliamentary Counsel (c) section 34; (d) section 40A; (e) section 59(1) and (2); (f) section 59A. (3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (5) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. s. 23 -- 33 of 85 -- Part 6—Food Act 1984 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 29 Authorised by the Chief Parliamentary Counsel (6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 1989. 51B Criminal liability of officers of bodies corporate—failure to exercise due diligence (legal burden of proof) (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 8; (b) section 8A; (c) section 9; (d) section 9A; (e) section 10(1) and (2); (f) section 10A(1) and (2); (g) section 11(1) and (2); (h) section 12(1) and (2); (i) section 13(1), (2) and (3); (j) section 14(1); (k) section 15(1) and (2); (l) section 16(1), (2), (3) and (4); (m) section 19(7) and (8); (n) section 19AA(8) and (9); (o) section 19A(7) and (8); (p) section 19B(7); (q) section 19CB(6); s. 23 -- 34 of 85 -- Part 6—Food Act 1984 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 30 Authorised by the Chief Parliamentary Counsel (r) section 19F; (s) section 19GB; (t) section 35A(1) and (2); (u) section 38F(2); (v) section 39B; (w) section 39C; (x) section 43I(1); (y) section 44E. (3) It is a defence to a charge for an offence against a provision specified in subsection (2) for an officer of a body corporate to prove that the officer exercised due diligence to prevent the commission of the offence by the body corporate. (4) In determining whether an officer of a body corporate exercised due diligence, a court may have regard to— (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (5) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be s. 23 -- 35 of 85 -- Part 6—Food Act 1984 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 31 Authorised by the Chief Parliamentary Counsel available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (6) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (7) In this section— body corporate has the same meaning as in section 51A; officer in relation to a body corporate, has the same meaning as in section 51A.". 24 Insertion of Notes (1) At the foot of sections 8, 8A, 9 and 9A of the Food Act 1984 insert— "Note Section 51B applies to an offence against this section.". (2) At the foot of sections 10, 10A, 11, 12, 15 and 35A of the Food Act 1984 insert— "Note Section 51B applies to an offence against subsection (1) or (2).". (3) At the foot of section 13 of the Food Act 1984 insert— "Note Section 51B applies to an offence against subsection (1), (2) or (3).". s. 24 -- 36 of 85 -- Part 6—Food Act 1984 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 32 Authorised by the Chief Parliamentary Counsel (4) At the foot of sections 14(1), 19B(7), 19CB(6), and 43I(1) of the Food Act 1984 insert— "Note Section 51B applies to an offence against this subsection.". (5) At the foot of section 16 of the Food Act 1984 insert— "Note Section 51B applies to an offence against subsection (1), (2), (3) or (4).". (6) At the foot of section 17(1) of the Food Act 1984 insert— "Note Section 51A applies to an offence against this subsection.". (7) At the foot of sections 19 and 19A of the Food Act 1984 insert— "Note Section 51B applies to an offence against subsection (7) or (8).". (8) At the foot of section 19AA of the Food Act 1984 insert— "Note Section 51B applies to an offence against subsection (8) or (9).". (9) At the foot of sections 19F, 19GB, 39B, 39C and 44E of the Food Act 1984 insert— "Note Section 51B applies to an offence against this section.". (10) At the foot of sections 29, 34, 40A and 59A of the Food Act 1984 insert— "Note Section 51A applies to an offence against this section.". s. 24 -- 37 of 85 -- Part 6—Food Act 1984 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 33 Authorised by the Chief Parliamentary Counsel (11) For the note at the foot of section 38F(2) of the Food Act 1984 substitute— "Notes 1 Whether a food premises falls within a higher risk classification is determined in the context of any system used by the Secretary in declaring the classes of food premises under section 19C. 2 Section 51B applies to an offence against this subsection.". (12) At the foot of section 59 of the Food Act 1984 insert— "Note Section 51A applies to an offence against subsection (1) or (2).". 25 New section 81 inserted After section 80 of the Food Act 1984 insert— "81 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 (1) For the avoidance of doubt, section 51A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 23 of the Statute Law Amendment (Directors' Liability) Act 2013. (2) For the avoidance of doubt, section 51B applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 23 of the Statute Law Amendment (Directors' Liability) Act 2013. s. 25 -- 38 of 85 -- Part 6—Food Act 1984 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 34 Authorised by the Chief Parliamentary Counsel (3) This section does not limit section 14 of the Interpretation of Legislation Act 1984.". __________________ s. 25 -- 39 of 85 -- Part 7—Liquor Control Reform Act 1998 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 35 Authorised by the Chief Parliamentary Counsel PART 7—LIQUOR CONTROL REFORM ACT 1998 26 Section 53 amended After section 53(2) of the Liquor Control Reform Act 1998 insert— "(2A) Subsection (2) does not apply in respect of an offence against a provision specified in section 53A(2), 53B(2) or 53C(2) that is alleged to have been committed by a body corporate.". 27 New section 53A, 53B and 53C inserted After section 53 of the Liquor Control Reform Act 1998 insert— "53A Criminal liability of officers of bodies corporate—accessorial liability (1) If a body corporate commits an offence against a provision specified in subsection (2) or a body corporate is under section 106A(3) liable for such an offence, an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. s. 26 See: Act No. 94/1998. Reprint No. 6 as at 18 March 2012 and amending Act Nos 94/1998, 20/2012, 21/2012 and 43/2012. LawToday: www. legislation. vic.gov.au -- 40 of 85 -- Part 7—Liquor Control Reform Act 1998 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 36 Authorised by the Chief Parliamentary Counsel (2) For the purposes of subsection (1), the following provisions are specified— (a) section 54(11); (b) section 99; (c) section 99A(1); (d) section 100; (e) section 101; (f) section 101A(3); (g) section 101B(1) and (2); (h) section 102(1) and (2); (i) section 103(1) and (2); (j) section 103A(2); (k) section 105(1); (l) section 106B; (m) section 106K(1), (2), (4) and (5); (n) section 108(1); (o) section 108AD(2); (p) section 108AE(2); (q) section 108B(1); (r) section 109(1); (s) section 115(1); (t) section 122(1); (u) section 148Q(1); (v) section 148ZA; (w) section 148ZL(1). (3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were s. 27 -- 41 of 85 -- Part 7—Liquor Control Reform Act 1998 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 37 Authorised by the Chief Parliamentary Counsel charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (5) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. (6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 1989. (7) This section does not apply at any time when a nominee of the body corporate is in place under section 54. (8) Nothing in subsection (7) affects or limits the application of Part 6. s. 27 -- 42 of 85 -- Part 7—Liquor Control Reform Act 1998 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 38 Authorised by the Chief Parliamentary Counsel 53B Criminal liability of officers of bodies corporate—failure to exercise due diligence (1) If a body corporate commits an offence against a provision specified in subsection (2) or a body corporate is under section 106A(3) liable for such an offence, an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 108AA(3); (b) section 108AB(2); (c) section 108AC(2); (d) section 148ZK; (e) clause 25(5) and (7) of Schedule 3. (3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to— (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and s. 27 -- 43 of 85 -- Part 7—Liquor Control Reform Act 1998 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 39 Authorised by the Chief Parliamentary Counsel (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (6) In this section— body corporate has the same meaning as in section 53A; officer in relation to a body corporate, has the same meaning as in section 53A. (7) This section does not apply at any time when a nominee of the body corporate is in place under section 54. (8) Nothing in subsection (7) affects or limits the application of Part 6. 53C Criminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof) (1) Subject to subsection (3), if a body corporate commits an offence against a provision specified in subsection (2) or a body corporate is under section 106A(3) liable for s. 27 -- 44 of 85 -- Part 7—Liquor Control Reform Act 1998 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 40 Authorised by the Chief Parliamentary Counsel such an offence, an officer of the body corporate also commits an offence against the provision. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 106(1); (b) section 108(4); (c) section 115A(2); (d) section 119(1) and (2); (e) section 120(1); (f) section 148ZJ(1). (3) An officer of a body corporate does not commit an offence against a provision specified in subsection (2) if— (a) the officer presents or points to evidence that suggests a reasonable possibility that the officer exercised due diligence to prevent the commission of the offence by the body corporate; and (b) the contrary is not proved (beyond reasonable doubt) by the prosecution. (4) In determining whether an officer of a body corporate exercised due diligence, a court may have regard to— (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and s. 27 -- 45 of 85 -- Part 7—Liquor Control Reform Act 1998 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 41 Authorised by the Chief Parliamentary Counsel (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (5) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (6) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (7) In this section— body corporate has the same meaning as in section 53A; officer in relation to a body corporate, has the same meaning as in section 53A. (8) This section does not apply at any time when a nominee of the body corporate is in place under section 54. (9) Nothing in subsection (8) affects or limits the application of Part 6.". s. 27 -- 46 of 85 -- Part 7—Liquor Control Reform Act 1998 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 42 Authorised by the Chief Parliamentary Counsel 28 Section 106A amended After section 106A(4) of the Liquor Control Reform Act 1998 insert— "(4A) Subsection (4) does not apply in respect of an offence against a provision specified in section 53A(2), 53B(2) or 53C(2) that is alleged to have been committed by a body corporate.". 29 Insertion of Notes (1) At the foot of sections 54(11), 99A(1), 101A(3), 103A(2), 105(1), 108(1), 108AD(2), 108AE(2), 108B(1), 109(1), 115(1), 122(1), 148Q(1) and 148ZL(1) of the Liquor Control Reform Act 1998 insert— "Note Section 53A applies to an offence against this subsection.". (2) At the foot of sections 99, 100, 101, 106B and 148ZA of the Liquor Control Reform Act 1998 insert— "Note Section 53A applies to an offence against this section.". (3) At the foot of sections 101B, 102 and 103 of the Liquor Control Reform Act 1998 insert— "Note Section 53A applies to an offence against subsection (1) or (2).". s. 28 -- 47 of 85 -- Part 7—Liquor Control Reform Act 1998 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 43 Authorised by the Chief Parliamentary Counsel (4) At the foot of sections 106(1), 108(4), 115A(2), 120(1) and 148ZJ(1) of the Liquor Control Reform Act 1998 insert— "Note Section 53C applies to an offence against this subsection.". (5) At the foot of section 106K of the Liquor Control Reform Act 1998 insert— "Note Section 53A applies to an offence against subsection (1), (2), (4) or (5).". (6) At the foot of sections 108AA(3), 108AB(2) and 108AC(2) of the Liquor Control Reform Act 1998 insert— "Note Section 53B applies to an offence against this subsection.". (7) At the foot of section 119 of the Liquor Control Reform Act 1998 insert— "Note Section 53C applies to an offence against subsection (1) or (2).". (8) At the foot of section 148ZK of the Liquor Control Reform Act 1998 insert— "Note Section 53B applies to an offence against this section.". (9) At the foot of clause 25 of Schedule 3 to the Liquor Control Reform Act 1998 insert— "Note Section 53B applies to an offence against subclause (5) or (7).". s. 29 -- 48 of 85 -- Part 7—Liquor Control Reform Act 1998 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 44 Authorised by the Chief Parliamentary Counsel 30 New section 183 inserted After section 182 of the Liquor Control Reform Act 1998 insert— "183 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 (1) For the avoidance of doubt, section 53A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 27 of the Statute Law Amendment (Directors' Liability) Act 2013. (2) For the avoidance of doubt, section 53B applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 27 of the Statute Law Amendment (Directors' Liability) Act 2013. (3) For the avoidance of doubt, section 53C applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 27 of the Statute Law Amendment (Directors' Liability) Act 2013. (4) This section does not limit section 14 of the Interpretation of Legislation Act 1984.". __________________ s. 30 -- 49 of 85 -- Part 8—Livestock Disease Control Act 1994 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 45 Authorised by the Chief Parliamentary Counsel PART 8—LIVESTOCK DISEASE CONTROL ACT 1994 31 Section 134 amended In section 134(2) of the Livestock Disease Control Act 1994, after "Act" insert "(other than an offence under Part 6)". 32 Insertion of Notes (1) At the foot of section 92 of the Livestock Disease Control Act 1994 insert— "Note Section 130A of the Taxation Administration Act 1997 applies to an offence against subsection (1), (1A) or (2).". (2) At the foot of section 94A of the Livestock Disease Control Act 1994 insert— "Note Section 130B of the Taxation Administration Act 1997 applies to an offence against subsection (1) or (2).". (3) At the foot of section 94B of the Livestock Disease Control Act 1994 insert— "Note Section 130A of the Taxation Administration Act 1997 applies to an offence against this section.". s. 31 See: Act No. 115/1994. Reprint No. 6 as at 1 January 2011 and amending Act Nos 7/2007, 48/2010, 29/2011, 69/2011 and 60/2012. LawToday: www. legislation. vic.gov.au -- 50 of 85 -- Part 8—Livestock Disease Control Act 1994 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 46 Authorised by the Chief Parliamentary Counsel (4) At the foot of sections 95, 95A and 95B of the Livestock Disease Control Act 1994 insert— "Note Section 130A of the Taxation Administration Act 1997 applies to an offence against subsection (5) or (7) and section 130B of that Act applies to an offence against subsection (1), (2), (3) or (4).". (5) At the foot of section 96(2) of the Livestock Disease Control Act 1994 insert— "Note Section 130B of the Taxation Administration Act 1997 applies to an offence against this subsection.". (6) At the foot of section 96B of the Livestock Disease Control Act 1994 insert— "Note Section 130B of the Taxation Administration Act 1997 applies to an offence against this section.". __________________ s. 32 -- 51 of 85 -- Part 9—Local Government Act 1989 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 47 Authorised by the Chief Parliamentary Counsel PART 9—LOCAL GOVERNMENT ACT 1989 33 Section 239 amended Section 239(3) and (4) of the Local Government Act 1989 are repealed. 34 New section 239A inserted After section 239 of the Local Government Act 1989 insert— "239A Criminal liability of officers of bodies corporate—failure to exercise due diligence (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 59(1); (b) section 59(2). s. 33 See: Act No. 11/1989. Reprint No. 11 as at 1 January 2012 and amending Act Nos 65/2010, 20/2012 and 63/2012. LawToday: www. legislation. vic.gov.au -- 52 of 85 -- Part 9—Local Government Act 1989 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 48 Authorised by the Chief Parliamentary Counsel (3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to— (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (6) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; s. 34 -- 53 of 85 -- Part 9—Local Government Act 1989 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 49 Authorised by the Chief Parliamentary Counsel officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.". 35 Insertion of Note At the foot of section 59 of the Local Government Act 1989 insert— "Note Section 239A applies to an offence against subsection (1) or (2).". 36 New section 245 inserted After section 244 of the Local Government Act 1989 insert— "245 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 (1) For the avoidance of doubt, section 239A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 34 of the Statute Law Amendment (Directors' Liability) Act 2013. s. 35 -- 54 of 85 -- Part 9—Local Government Act 1989 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 50 Authorised by the Chief Parliamentary Counsel (2) This section does not limit section 14 of the Interpretation of Legislation Act 1984.". __________________ s. 36 -- 55 of 85 -- Part 10—Shop Trading Reform Act 1996 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 51 Authorised by the Chief Parliamentary Counsel PART 10—SHOP TRADING REFORM ACT 1996 37 Section 8 amended Section 8(2) of the Shop Trading Reform Act 1996 is repealed. 38 New section 8A inserted After section 8 of the Shop Trading Reform Act 1996 insert— "8A Criminal liability of officers of bodies corporate—accessorial liability (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 5(2); (b) section 5(3). s. 37 See: Act No. 38/1996. Reprint No. 4 as at 13 October 2011 and amending Act No. 43/2012. LawToday: www. legislation. vic.gov.au -- 56 of 85 -- Part 10—Shop Trading Reform Act 1996 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 52 Authorised by the Chief Parliamentary Counsel (3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (5) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. (6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 1989.". s. 38 -- 57 of 85 -- Part 10—Shop Trading Reform Act 1996 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 53 Authorised by the Chief Parliamentary Counsel 39 Insertion of Note At the foot of section 5 of the Shop Trading Reform Act 1996 insert— "Note Section 8A applies to an offence against subsection (2) or (3).". 40 New section 12 inserted After section 11 of the Shop Trading Reform Act 1996 insert— "12 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 (1) For the avoidance of doubt, section 8A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 38 of the Statute Law Amendment (Directors' Liability) Act 2013. (2) This section does not limit section 14 of the Interpretation of Legislation Act 1984.". __________________ s. 39 -- 58 of 85 -- Part 11—Surveillance Devices Act 1999 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 54 Authorised by the Chief Parliamentary Counsel PART 11—SURVEILLANCE DEVICES ACT 1999 41 Section 32 substituted and new section 32A inserted For section 32 of the Surveillance Devices Act 1999 substitute— "32 Criminal liability of officers of bodies corporate—accessorial liability (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 23; (b) section 24(1) and (2); (c) section 31. (3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. s. 41 See: Act No. 21/1999. Reprint No. 2 as at 27 May 2010 and amending Act Nos 72/2011 and 13/2012. LawToday: www. legislation. vic.gov.au -- 59 of 85 -- Part 11—Surveillance Devices Act 1999 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 55 Authorised by the Chief Parliamentary Counsel (4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (5) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. (6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 1989. 32A Criminal liability of officers of bodies corporate—failure to exercise due diligence (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate. s. 41 -- 60 of 85 -- Part 11—Surveillance Devices Act 1999 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 56 Authorised by the Chief Parliamentary Counsel (2) For the purposes of subsection (1), the following provisions are specified— (a) section 6(1); (b) section 7(1); (c) section 8(1); (d) section 9B(1); (e) section 9C(1); (f) section 11(1); (g) section 30E(1) and (2). (3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to— (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. s. 41 -- 61 of 85 -- Part 11—Surveillance Devices Act 1999 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 57 Authorised by the Chief Parliamentary Counsel (5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (6) In this section— body corporate has the same meaning as in section 32; officer in relation to a body corporate, has the same meaning as in section 32.". 42 Insertion of Notes (1) At the foot of sections 6(1), 7(1), 8(1), 9B(1), 9C(1) and 11(1) of the Surveillance Devices Act 1999 insert— "Note Section 32A applies to an offence against this subsection.". (2) At the foot of sections 23 and 31 of the Surveillance Devices Act 1999 insert— "Note Section 32 applies to an offence against this section.". (3) At the foot of section 24 of the Surveillance Devices Act 1999 insert— "Note Section 32 applies to an offence against subsection (1) or (2).". (4) At the foot of section 30E of the Surveillance Devices Act 1999 insert— "Note Section 32A applies to an offence against subsection (1) or (2).". s. 42 -- 62 of 85 -- Part 11—Surveillance Devices Act 1999 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 58 Authorised by the Chief Parliamentary Counsel 43 New section 42A inserted After section 42 of the Surveillance Devices Act 1999 insert— "42A Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 (1) For the avoidance of doubt, section 32 applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 41 of the Statute Law Amendment (Directors' Liability) Act 2013. (2) For the avoidance of doubt, section 32A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 41 of the Statute Law Amendment (Directors' Liability) Act 2013. (3) This section does not limit section 14 of the Interpretation of Legislation Act 1984.". __________________ s. 43 -- 63 of 85 -- Part 12—Taxation Administration Act 1997 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 59 Authorised by the Chief Parliamentary Counsel PART 12—TAXATION ADMINISTRATION ACT 1997 44 Section 130 amended (1) Insert the following heading to section 130 of the Taxation Administration Act 1997— "Offences by officers of bodies corporate". (2) Section 130(1), (2), (3) and (5) of the Taxation Administration Act 1997 are repealed. (3) In section 130(4) of the Taxation Administration Act 1997, for "This section does" substitute "Sections 130A, 130B and 130C do". 45 New sections 130A, 130B and 130C inserted After section 130 of the Taxation Administration Act 1997 insert— "130A Criminal liability of officers of bodies corporate—accessorial liability (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of section (1)— (a) the following provisions of this Act are specified— (i) section 22(2); (ii) section 47(6); s. 44 See: Act No. 40/1997. Reprint No. 5 as at 13 October 2011 and amending Act No. 69/2011. LawToday: www. legislation. vic.gov.au -- 64 of 85 -- Part 12—Taxation Administration Act 1997 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 60 Authorised by the Chief Parliamentary Counsel (iii) section 54(1); (iv) section 60; (v) section 89; (vi) section 91(1); (b) the following provisions of the Congestion Levy Act 2005 are specified— (i) section 27(1); (ii) section 28(1) and (2); (c) the following provisions of the Duties Act 2000 are specified— (i) section 69D(2); (ii) section 89X(4); (iii) section 139(5); (iv) section 142(1); (v) section 199; (vi) section 257(3); (vii) section 258(6); (viii) section 270(1); (ix) section 271(1); (d) the following provisions of the Livestock Disease Control Act 1994 are specified— (i) section 92(1), (1A) and (2); (ii) section 94B; (iii) section 95(5) and (7); (iv) section 95A(5) and (7); (v) section 95B (5) and (7); s. 45 -- 65 of 85 -- Part 12—Taxation Administration Act 1997 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 61 Authorised by the Chief Parliamentary Counsel (e) the following provisions of the Payroll Tax Act 2007 are specified— (i) section 97(1) and (3); (ii) clause 21 of Schedule 2. (3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (5) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. s. 45 -- 66 of 85 -- Part 12—Taxation Administration Act 1997 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 62 Authorised by the Chief Parliamentary Counsel (6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 1989. 130B Criminal liability of officers of bodies corporate—failure to exercise due diligence (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate. (2) For the purposes of subsection (1)— (a) the following provisions of this Act are specified— (i) section 10(1) and (2); (ii) section 43(1) and (2); (iii) section 50(1); (iv) section 51(2); (v) section 52(1); (vi) section 53; (vii) section 55(1); (viii) section 56; (ix) section 58; (x) section 59; (xi) section 73(8); (xii) section 88(1); (xiii) section 94(1); s. 45 -- 67 of 85 -- Part 12—Taxation Administration Act 1997 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 63 Authorised by the Chief Parliamentary Counsel (xiv) section 116E(1); (xv) section 116I(1); (b) the following provisions of the Duties Act 2000 are specified— (i) section 21B; (ii) section 21C(1); (iii) section 21D(2); (iv) section 24(6); (v) section 89O(2); (vi) section 140(2); (vii) section 185; (viii) section 188(1); (ix) section 205(1); (x) section 253(1); (xi) section 264B(3); (xii) section 266(1); (xiii) section 269; (c) the following provisions of the Livestock Disease Control Act 1994 are specified— (i) section 94A(1) and (2); (ii) section 95(1), (2), (3) and (4); (iii) section 95A(1), (2), (3) and (4); (iv) section 95B(1), (2), (3) and (4); (v) section 96(2); (vi) section 96B. s. 45 -- 68 of 85 -- Part 12—Taxation Administration Act 1997 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 64 Authorised by the Chief Parliamentary Counsel (3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to— (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (6) In this section— body corporate has the same meaning as in section 130A; officer in relation to a body corporate, has the same meaning as in section 130A. s. 45 -- 69 of 85 -- Part 12—Taxation Administration Act 1997 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 65 Authorised by the Chief Parliamentary Counsel 130C Criminal liability of officers of bodies corporate—failure to exercise due diligence (legal burden of proof) (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision. (2) For the purposes of subsection (1)— (a) the following provisions of this Act are specified— (i) section 57(1); (ii) section 61; (b) section 268(1) and (2) of the Duties Act 2000 is specified. (3) It is a defence to a charge for an offence against a provision specified in subsection (2) for an officer of a body corporate to prove that the officer exercised due diligence to prevent the commission of the offence by the body corporate. (4) In determining whether an officer of a body corporate exercised due diligence, a court may have regard to— (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and s. 45 -- 70 of 85 -- Part 12—Taxation Administration Act 1997 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 66 Authorised by the Chief Parliamentary Counsel (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (5) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (6) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (7) In this section— body corporate has the same meaning as in section 130A; officer in relation to a body corporate, has the same meaning as in section 130A.". 46 Insertion of Notes (1) At the foot of sections 10 and 43 of the Taxation Administration Act 1997 insert— "Note Section 130B applies to an offence against subsection (1) or (2).". (2) At the foot of sections 22(2), 47(6), 54(1) and 91(1) of the Taxation Administration Act 1997 insert— "Note Section 130A applies to an offence against this subsection.". s. 46 -- 71 of 85 -- Part 12—Taxation Administration Act 1997 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 67 Authorised by the Chief Parliamentary Counsel (3) At the foot of sections 50(1), 51(2), 52(1), 55(1), 73(8), 88(1), 94(1), 116E(1) and 116I(1) of the Taxation Administration Act 1997 insert— "Note Section 130B applies to an offence against this subsection.". (4) At the foot of sections 53, 56, 58 and 59 of the Taxation Administration Act 1997 insert— "Note Section 130B applies to an offence against this section.". (5) At the foot of section 57(1) of the Taxation Administration Act 1997 insert— "Note Section 130C applies to an offence against this subsection.". (6) At the foot of sections 60 and 89 of the Taxation Administration Act 1997 insert— "Note Section 130A applies to an offence against this section.". (7) At the foot of section 61 of the Taxation Administration Act 1997 insert— "Note Section 130C applies to an offence against this section.". 47 New section 138 inserted After section 137 of the Taxation Administration Act 1997 insert— "138 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 (1) For the avoidance of doubt, section 130A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 45 of the s. 47 -- 72 of 85 -- Part 12—Taxation Administration Act 1997 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 68 Authorised by the Chief Parliamentary Counsel Statute Law Amendment (Directors' Liability) Act 2013. (2) For the avoidance of doubt, section 130B applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 45 of the Statute Law Amendment (Directors' Liability) Act 2013. (3) For the avoidance of doubt, section 130C applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 45 of the Statute Law Amendment (Directors' Liability) Act 2013. (4) This section does not limit section 14 of the Interpretation of Legislation Act 1984.". __________________ s. 47 -- 73 of 85 -- Part 13—Unclaimed Money Act 2008 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 69 Authorised by the Chief Parliamentary Counsel PART 13—UNCLAIMED MONEY ACT 2008 48 Section 26 amended (1) In the heading to section 26 of the Unclaimed Money Act 2008, for "persons involved in management of bodies corporate" substitute "officers of bodies corporate". (2) Section 26(1), (2), (3) and (5) of the Unclaimed Money Act 2008 are repealed. (3) In section 26(4) of the Unclaimed Money Act 2008, for "This section does" substitute "Sections 26A and 26B do". 49 New sections 26A and 26B inserted After section 26 of the Unclaimed Money Act 2008 insert— "26A Criminal liability of officers of bodies corporate—accessorial liability (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 17; (b) section 19; (c) section 21; (d) section 22; s. 48 See: Act No. 44/2008 and amending Act Nos 44/2008, 68/2009 and 83/2009. LawToday: www. legislation. vic.gov.au -- 74 of 85 -- Part 13—Unclaimed Money Act 2008 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 70 Authorised by the Chief Parliamentary Counsel (e) section 23; (f) section 24; (g) section 25; (h) section 70(6) and (7). (3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (5) In this section— body corporate has the same meaning as corporation has in section 57A of the Corporations Act; officer in relation to a body corporate means— (a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or (b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate. s. 49 -- 75 of 85 -- Part 13—Unclaimed Money Act 2008 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 71 Authorised by the Chief Parliamentary Counsel (6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 1989. 26B Criminal liability of officers of bodies corporate—failure to exercise due diligence (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate. (2) For the purposes of subsection (1), the following provisions are specified— (a) section 18; (b) section 20(1) and (2); (c) section 69(4). (3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to— (a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and (b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and s. 49 -- 76 of 85 -- Part 13—Unclaimed Money Act 2008 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 72 Authorised by the Chief Parliamentary Counsel (c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and (d) any other relevant matter. (4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (6) In this section— body corporate has the same meaning as in section 26A; officer in relation to a body corporate, has the same meaning as in section 26A.". 50 Insertion of Notes (1) At the foot of sections 17, 19, 21, 22, 23, 24 and 25 of the Unclaimed Money Act 2008 insert— "Note Section 26A applies to an offence against this section.". (2) At the foot of section 18 of the Unclaimed Money Act 2008 insert— "Note Section 26B applies to an offence against this section.". s. 50 -- 77 of 85 -- Part 13—Unclaimed Money Act 2008 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 73 Authorised by the Chief Parliamentary Counsel (3) At the foot of section 20 of the Unclaimed Money Act 2008 insert— "Note Section 26B applies to an offence against subsection (1) or (2).". (4) At the foot of section 69(4) of the Unclaimed Money Act 2008 insert— "Note Section 26B applies to an offence against this subsection.". (5) At the foot of section 70 of the Unclaimed Money Act 2008 insert— "Note Section 26A applies to an offence against subsection (6) or (7).". 51 New section 105 inserted After section 104 of the Unclaimed Money Act 2008 insert— "105 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 (1) For the avoidance of doubt, section 26A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 49 of the Statute Law Amendment (Directors' Liability) Act 2013. (2) For the avoidance of doubt, section 26B applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 49 of the s. 51 -- 78 of 85 -- Part 13—Unclaimed Money Act 2008 Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 74 Authorised by the Chief Parliamentary Counsel Statute Law Amendment (Directors' Liability) Act 2013. (3) This section does not limit section 14 of the Interpretation of Legislation Act 1984.". __________________ s. 51 -- 79 of 85 -- Part 14—Miscellaneous Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 75 Authorised by the Chief Parliamentary Counsel PART 14—MISCELLANEOUS Division 1—Broiler Chicken Industry Act 1978 52 Section 17(1)(c) repealed (1) In section 17(1)(b) of the Broiler Chicken Industry Act 1978, for "offence; and" substitute "offence—". (2) Section 17(1)(c) of the Broiler Chicken Industry Act 1978 is repealed. Division 2—Business Franchise (Petroleum Products) Act 1979 53 Section 26 repealed Section 26 of the Business Franchise (Petroleum Products) Act 1979 is repealed. s. 52 See: Act No. 9199. Reprint No. 2 as at 16 September 1999 and amending Act Nos 56/2003, 108/2004 and 50/2011. LawToday: www. legislation. vic.gov.au See: Act No. 9272. Reprint No. 4 as at 19 March 1998 and amending Act Nos 103/1998, 6/2000, 12/2004, 36/2005 and 6/2010. LawToday: www. legislation. vic.gov.au -- 80 of 85 -- Part 14—Miscellaneous Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 76 Authorised by the Chief Parliamentary Counsel Division 3—Congestion Levy Act 2005 54 Insertion of Notes (1) At the foot of section 27(1) of the Congestion Levy Act 2005 insert— "Note Section 130A of the Taxation Administration Act 1997 applies to an offence against this subsection.". (2) At the foot of section 28 of the Congestion Levy Act 2005 insert— "Note Section 130A of the Taxation Administration Act 1997 applies to an offence against subsection (1) or (2).". Division 4—Disability Act 2006 55 Section 216 repealed Section 216 of the Disability Act 2006 is repealed. s. 54 See: Act No. 74/2005. Reprint No. 1 as at 17 October 2012. LawToday: www. legislation. vic.gov.au See: Act No. 23/2006. Reprint No. 1 as at 31 October 2012 and amending Act Nos 20/2012 and 22/2012. LawToday: www. legislation. vic.gov.au -- 81 of 85 -- Part 14—Miscellaneous Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 77 Authorised by the Chief Parliamentary Counsel Division 5—Duties Act 2000 56 Insertion of Notes (1) At the foot of sections 21B, 185 and 269 of the Duties Act 2000 insert— "Note Section 130B of the Taxation Administration Act 1997 applies to an offence against this section.". (2) At the foot of sections 21C(1), 21D(2), 24(6), 89O(2), 140(2), 188(1), 205(1), 253(1), 264B(3) and 266(1) of the Duties Act 2000 insert— "Note Section 130B of the Taxation Administration Act 1997 applies to an offence against this subsection.". (3) At the foot of sections 69D(2), 89X(4), 139(5), 142(1), 257(3), 258(6), 270(1) and 271(1) of the Duties Act 2000 insert— "Note Section 130A of the Taxation Administration Act 1997 applies to an offence against this subsection.". (4) At the foot of section 199 of the Duties Act 2000 insert— "Note Section 130A of the Taxation Administration Act 1997 applies to an offence against this section.". (5) At the foot of section 268 of the Duties Act 2000 insert— "Note Section 130C of the Taxation Administration Act 1997 applies to an offence against subsection (1) or (2).". s. 56 See: Act No. 79/2000. Reprint No. 9 as at 27 September 2012. LawToday: www. legislation. vic.gov.au -- 82 of 85 -- Part 14—Miscellaneous Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 78 Authorised by the Chief Parliamentary Counsel Division 6—Payroll Tax Act 2007 57 Insertion of Notes (1) At the foot of section 97 of the Payroll Tax Act 2007 insert— "Note Section 130A of the Taxation Administration Act 1997 applies to an offence against subsection (1) or (3).". (2) At the foot of clause 21 of Schedule 2 to the Payroll Tax Act 2007 insert— "Note Section 130A of the Taxation Administration Act 1997 applies to an offence against this clause.". __________________ s. 57 See: Act No. 26/2007. Reprint No. 1 as at 20 May 2010 and amending Act Nos 36/2010, 28/2011, 29/2011 and 69/2011. LawToday: www. legislation. vic.gov.au -- 83 of 85 -- Part 15—Repeal of Amending Act Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 79 Authorised by the Chief Parliamentary Counsel PART 15—REPEAL OF AMENDING ACT 58 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 58 -- 84 of 85 -- Statute Law Amendment (Directors' Liability) Act 2013 No. 13 of 2013 80 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 12 December 2012 Legislative Council: 21 February 2013 The long title for the Bill for this Act was "A Bill for an Act to revise the statute law of Victoria in relation to the criminal liability of officers of bodies corporate and for other purposes." Endnotes -- 85 of 85 --