Section 245AT — Migration Act 1958: Criminal liability of executive officers of bodies corporate

(1) An executive officer of a body corporate commits an offence if: (a) the body commits an offence (the sponsorship-related offence) against this Subdivision; and (b) the officer knew that, or was reckless or negligent as to whether, the sponsorship-related offence would be committed; and (c) the officer was in a position to influence the conduct of the body in relation to the sponsorship-related offence; and (d) the officer failed to take all reasonable steps to prevent the sponsorship-related offence being committed. Penalty: 360 penalty units. (2) In determining whether the executive officer of the body corporate failed to take all reasonable steps to prevent the sponsorship-related offence being committed by the body, a court must have regard to: (a) what action (if any) the officer took towards ensuring that the body’s employees, agents and contractors had a reasonable knowledge and understanding of the requirements to comply with this Subdivision, insofar as those requirements affected the employees, agents or contractors concerned; and (b) what action (if any) the officer took when he or she became aware that the body was committing the sponsorship-related offence. (3) Subsection (2) does not limit subsection (1).