ENA Hl s+ AUDAX : AT: FIDELIS + Queensland Directors' Liability Reform Amendment Bill 2013 Includes amendments agreed during consideration Directors' Liability Reform Amendment Bill 2013 Contents Part 3 Part 4 Part 511 Preliminary Shorttitle 0... eee eee eee Commencement......... 0.0.0 c eee eee eee eee Amendment of Animal Care and Protection Act 2001 Actamended .......... 0.0.0. c eee ee Replacement of s 209 (Executive officers must ensure corporation complies with Act)................0 0002s eee 209 Liability of executive officer—particular offences committed by corporation...................... 209A Executive officer may be taken to have committed Offence kee eee Amendment of schedule (Dictionary)...................-4. Amendment of Biodiscovery Act 2004 Actamended .......... 0.0.0. c eee ee Replacement of s 115 (Executive officers must ensure corporation complies with Act)................0 0002s eee 115 Liability of executive officer—particular offences committed by corporation...................... Amendment of Building Act 1975 Act amended ......... 20. c eee ee tte Replacement of s 257 (Liability for corporation's default)...... . 257 Liability of executive officer—particular offences committed by corporation...................... Amendment of Casino Control Act 1982 Act amended .......... 20. c cece eects Replacement of s 123 (Liability for offence by body corporate) . . 123 Executive officer may be taken to have committed offence against s 108(1).................00000, 23 25 27 Directors' Liability Reform Amendment Bill 2013 Contents Part 613 Part 715 Part 9 20 Part 9A 20A 20B 20C Part 9B 20D 20E Part 9C 20F 20G Part 10 Part 1125 Page 2 Amendment of Charitable and Non-Profit Gaming Act 1999 Act amended .......... 20. c cece eects Replacement of s 170 (Executive officers must ensure corporation complies with Act) .. 0.0.0.0... cee eee 170 Executive officer may be taken to have committed offence againstS 20.............0.....0 eee eee Amendment of Child Employment Act 2006 Act amended .......... 20. c cece eects Replacement of s 33 (Executive officers must ensure corporation complies with Act) .. 0.0.0.0... cee eee 33 Executive officer may be taken to have committed Offence wee eee eee Amendment of schedule (Dictionary)..................004. Amendment of Commission for Children and Young People and Child Guardian Act 2000 Actamended .......... 0.0.0. c eee Omission of s 383 (Executive officers must ensure corporation complies with Act) 2.0... 0.0... cece eects Amendment of Community Services Act 2007 Act amended ......... 0.00 c cece eee Amendment of s 32 (Compliance notice)................02. Omission of s 123 (Executive officers must ensure corporation complies with Act) 2.0... 0.0... cece eects Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005 Act amended ......... 200. e eee eects Omission of ss 132 and 133........... 000... c cee ee eee Amendment of Cooperatives Act 1997 Act amended ........ 2.200 c ccc te ett eee Omission of s 454 (Offences by officers of cooperatives) ...... Amendment of Criminal Law (Sexual Offences) Act 1978 Act amended .......... 20. c cece eects Amendment of s 3 (Definitions) ......................0005 Replacement of s 12 (Liability of directors etc. of body corporate) 12 Executive officer may be taken to have committed Offence eee eee ee Amendment of Disability Services Act 2006 Act amended .......... 20. c cece eects Amendment of s 57 (Insurance for service outlets) ........... 31 32 33 33 3435 Directors' Liability Reform Amendment Bill 2013 Contents 26 Amendment of s 82 (Risk management strategies about persons engaged by funded non-government service providers) ....... 36 27 Amendment of s 95 (Change in police information of person engaged by funded non-government service provider) ........ 36 28 Amendment of s 96 (Change in police information of other PErSONS) eee eee 36 29 Omission of s 206 (Executive officers must ensure corporation complies with Act) ..... 2.0... cece eee eee eee 36 30 Amendment of s 214 (Funded non-government service provider must keep records)... 0.0.0.0... 0c eee e eee eee ee eee 36 Part 12 Amendment of Domestic Building Contracts Act 2000 31 Act amended .......... 20. c cece eects 37 32 Omission of s 95 (Executive officers must ensure corporation complies with Act) ..... 2.0... cece eee eee eee 37 Part 13 Amendment of Drugs Misuse Act 1986 33 Act amended .......... 20. c cece eects 37 34 Omission of s 43S (Executive officers must ensure corporation complies with part). . 0.2.0... eee eee eee 37 35 Omission of s 113 (Executive officers must ensure corporation complies with part). . 0.2.0... eee eee eee 37 Part 13A Amendment of Education and Care Services Act 2013 35A Act amended ......... 0.00 c cece eee 38 35B Amendment of s 232 (Liability of executive officer—particular offences committed by corporation)....................00. 38 35C Amendment of s 233 (Executive officer may be taken to have committed offence)...... 2... eee 38 Part 14 Amendment of Education (Queensland College of Teachers) Act 2005 36 Actamended ........ 0.20. c cece eects 39 37 Replacement of s 228 (Executive officers must ensure corporation complies with Act) ........ 0.00 c ccc ee eee 39 228 Executive officer may be taken to have committed Offence eee eee 39 38 Amendment of sch 3 (Dictionary)....................00005 40 Part 15 Amendment of Electricity Act 1994 39 Actamended ........ 0.20. c cece eects 41 40 Replacement of s 240A (Executive officers must ensure corporation complies with Act).......... 0.0... e eee eee eee 41 240A Executive officer may be taken to have committed Offence we eee ee 41 Directors' Liability Reform Amendment Bill 2013 Contents Part 1643 Part 1745 Part 17A 45A 45B Part 1847 Part 1950 Part 2052 Part 20A 52A 52B Part 21 Page 4 Amendment of Emblems of Queensland Act 2005 Actamended .......... 0.0.0. c eee Omission of s 5 (Executive officers must ensure corporation complies with Act) 2.0... 0.0... cece eects Amendment of Explosives Act 1999 Act amended .......... 20. c cece eects Replacement of s 117 (Executive officers must ensure corporation complies with Act)................0 0002s eee 117 Liability of executive officer—offence committed by corporation against s 32(1)..................00. Amendment of Family Services Act 1987 Act amended ......... 0.00 c cece eee Omission of s 29 (Liability for offences by bodies corporate and unincorporate) ...... 0... eect teen eee Amendment of Fire and Rescue Service Act 1990 Actamended .......... 0.0.0. c eee Replacement of s 151 (Offence by body corporate)........... 151 Liability of executive officer—particular offences committed by corporation................0.0... Amendment of Fisheries Act 1994 Actamended .......... 0.0.0. c eee Omission of s 219A (Executive officers must ensure corporation complies with Act) .. 0.0.0.0... cee eee Amendment of Food Act 2006 Actamended .......... 0.0.0. c eee Replacement of s 260 (Executive officers must ensure corporation complies with Act)................0 0002s eee 260 Liability of executive officer—offence committed by corporation against executive liability provision .... . 260A Executive officer may be taken to have committed Offence ws eee Amendment of Foreign Ownership of Land Register Act Act amended .......... 0.0.0. c eee Omission of s 26 (Offences by corporations)................ Amendment of Funeral Benefit Business Act 1982 Actamended .......... 0.0.0. c eee Omission of s 84 (Offence by corporation).................. 45 50 51 Directors' Liability Reform Amendment Bill 2013 Contents Part 22 Amendment of Gaming Machine Act 1991 55 Act amended .......... 20. c cece eects 51 56 Replacement of s 352 (Liability for offence by body corporate) . . 51 352 Executive officer may be taken to have committed offence against S 325............0....0 eee eee 51 Part 23 Amendment of Geothermal Energy Act 2010 57 Act amended .......... 20. c cece eects 52 58 Replacement of s 333 (Executive officers must ensure corporation does not commit particular offences) ............ 52 333 Liability of executive officer—offence committed by corporation against S 327.............0-. eee eee 52 333A Executive officer may be taken to have committed Offence kee eee eee 53 Part 24 Amendment of Greenhouse Gas Storage Act 2009 59 Act amended .......... 20. c cece eects 55 60 Replacement of s 393 (Executive officers must ensure corporation does not commit particular offences) ............ 55 393 Liability of executive officer—offence committed by corporation against s 386(1)..................0. 55 393A Executive officer may be taken to have committed Offence wee eee 56 Part 25 Amendment of Guide, Hearing and Assistance Dogs Act61 Act amended .......... 20. c cece eects 57 62 Omission of s 106 (Executive officers must ensure corporation complies with Act) ..... 2.0... cece eee eee eee 57 63 Amendment of sch 4 (Dictionary)....................00005 57 Part 26 Amendment of Health Act 1937 64 Act amended .......... 20. c cece eects 58 65 Replacement of s 153ZN (Executive officers must ensure corporation complies with relevant provisions and this part) ... . 58 153ZN Executive officer may be taken to have committed Offence wee eee eee 58 Part 27 Amendment of Higher Education (General Provisions) Act66 Act amended .......... 20. c cece eects 59 67 Amendment of s 112 (Responsibility for acts or omissions of representatives) ...... 0... eee eee 59 68 Omission of s 113 (Executive officers must ensure corporation complies with Act) ..... 2.0... cece eee eee eee 59 Directors' Liability Reform Amendment Bill 2013 Contents Part 2871 Part 2973 Part 30 75 Part 3177 Part 3279 Part 3382 Part 3485 Page 6 Amendment of sch 2 (Dictionary)................002-00005 Amendment of Housing Act 2003 Actamended .......... 0.0.0. c eee Omission of s 91 (Executive officers must ensure corporation complies with Act) 2.0... 0.0... cece eects Amendment of Industrial Relations Act 1999 Actamended .......... 0.0.0. c eee Omission of s 673 (Executive officers must ensure corporation complies with ss 138, 368, 406 and 666)................... Amendment of Interactive Gambling (Player Protection) Act Actamended .......... 0.0.0. ee Replacement of s 247 (Executive officers must ensure corporation complies with Act)................0 0002s eee 247 Executive officer may be taken to have committed offence againsts 119(1).................00000, Amendment of Introduction Agents Act 2001 Actamended .......... 0.0.0. ee Omission of s 94 (Executive officers must ensure corporation complies with Act) 2.0... 0.0... cece eects Amendment of Invasion of Privacy Act 1971 Actamended .......... 0.0.0. ee Amendment of s 49 (Offences and penalty)................. Insertion of newS 49A .. 1.2 ee 49A Executive officer may be taken to have committed Offence eee eee eee eee Amendment of Justices Act 1886 Actamended .......... 0.0.0. ee Amendment of s 102F (Publication prohibited) .............. Insertion of news 102FA ... 1... eee 102FA Executive officer may be taken to have committed offence against s 102F(1).................0000. Amendment of Keno Act 1996 Actamended .......... 0.0.0. ee Replacement of s 226 (Executive officers must ensure corporation complies with Act)................0 0002s eee 226 Executive officer may be taken to have committed offence against s 116(1).................00000, 6264 Part 3587 Part 3689 Part 3792 9698 Part 38Part 39104 Part 40 106 Directors' Liability Reform Amendment Bill 2013 Contents Amendment of Land Act 1994 Act amended .......... 20. c cece eects 66 Replacement of s 431J (Executive officers must ensure corporation complies with Act).................000..000 66 431J Liability of executive officer—offence committed by corporation against s 214D(1) .................. 66 Amendment of Land Sales Act 1984 Act amended .......... 20. c cece eects 68 Amendment of s 6 (Definitions) ......................000. 68 Omission of s 32B (Executive officers must ensure corporation complies with Act) ..... 2.0... cece eee eee eee 68 Amendment of Legal Profession Act 2007 Act amended .......... 20. c cece eects 68 Amendment of s 114 (Notice of intention to start providing legal S@IVICES). eee 68 Amendment of s 116 (Notice of termination of provision of legal S@IVICES). 0. eee eee 69 Amendment of s 119 (Incorporated legal practice without legal practitioner director) .......... 0.00. cece eee ee eee 69 Amendment of s 121 (Professional indemnity insurance) ..... . 69 Amendment of s 129 (Disqualified persons) ................ 69 Amendment of s 132 (Banning of incorporated legal practices). . 69 Omission of s 702 (Executive officers must ensure corporation complies with Act) ..... 2.0... cece eee eee eee 69 Amendment of Liquor Act 1992 Actamended ........ 0.20. c cece eects 70 Amendment of s 128 (Liability of licensees in certain cases)... . 70 Amendment of Lotteries Act 1997 Act amended .......... 2.0. e eects 70 Replacement of s 212 (Executive officers must ensure corporation complies with Act).................000..000 70 212 Executive officer may be taken to have committed offence against s 99(1).................000000. 71 Amendment of Manufactured Homes (Residential Parks) Act 2003 Actamended .......... 0.0.0. c cece ee 71 Omission of s 139 (Executive officers must ensure corporation complies with Act) 2.0... 0.0... cece eects 72 Page 7 Directors' Liability Reform Amendment Bill 2013 Contents Part 41108 Part 42111 Part 43113 115 Part 44117 Part 45120 Part 46 122 Page 8 Amendment of Mineral Resources Act 1989 Actamended .......... 0.0.0. cece eee Amendment of s 412 (Offences and recovery of penalties etc.). . Insertion of new ss 412A and 412B................-00 00005 412A Liability of executive officer—particular offences committed by company.....................205 412B Executive officer may be taken to have committed Offence we eee eee Amendment of Motor Racing Events Act 1990 Actamended .......... 0.0.0. cece eee Omission of s 44 (Offence by body corporate)............... Amendment of Nuclear Facilities Prohibition Act 2007 Actamended .......... 0.0.0. cece eee Replacement of s 22 (Executive officers must ensure corporation complies with Act) .. 0.0.0.0... cee eee 22 Liability of executive officer—particular offences committed by corporation................0.0... Amendment of s 23 (Indictable and summary offences) ....... Amendment of schedule (Dictionary)..................004. Amendment of Offshore Minerals Act 1998 Actamended ........ 2... cece eee Replacement of s 443 (Executive officers must ensure corporation complies with Act)................0 0002s eee 443 Liability of executive officer—offence committed by corporation against Ss 38...................-04- 443A Executive officer may be taken to have committed Offence ww. eee eee eee Amendment of sch 5 (Dictionary)....................00005 Amendment of Pest Management Act 2001 Actamended ........ 2... cece eee Replacement of s 122 (Executive officers must ensure corporation complies with Act)................0 0002s eee 122 Liability of executive officer—particular offences committed by corporation................0.0... Amendment of Petroleum and Gas (Production and Safety) Act 2004 Actamended .......... 0.0.0. cece eee Replacement of s 814 (Executive officers must ensure corporation complies with Act)................0 0002s eee 7275 7780 Part 47124 Part 48126 Part 49128 Part 50130 Part 51132 Part 52134 Directors' Liability Reform Amendment Bill 2013 Contents 814 Liability of executive officer—particular offences committed by corporation..............-..0000- 82 814A Executive officer may be taken to have committed Offence ww. eee eee eee 84 Amendment of Pharmacy Business Ownership Act 2001 Actamended ........ 2... cece eee 87 Replacement of s 197 (Executive officers must ensure corporation complies with Act).................000..000 87 197 Executive officer may be taken to have committed Offence ww. eee eee eee 87 Amendment of Place Names Act 1994 Actamended ........ 2... cece eee 88 Omission of s 17 (Executive officers must ensure corporation complies with Act) ..... 2.0... cece eee eee eee 88 Amendment of Printing and Newspapers Act 1981 Act amended .......... 2.0. e eects 89 Omission of s 10 (Liability for offence by body corporate) ...... 89 Amendment of Private Employment Agents Act 2005 Act amended .......... 2.0. e eects 89 Omission of s 45 (Executive officers must ensure corporation complies with Act) ..... 2.0... cece eee eee eee 89 Amendment of Private Health Facilities Act 1999 Act amended .......... 2.0. e eects 89 Replacement of s 143 (Executive officers must ensure corporation complies with Act).................000..000 90 143 Executive officer may be taken to have committed offence against S 39.............0....0 00a ee 90 Amendment of Property Agents and Motor Dealers Act 2000 Act amended .......... 2.0. e eects 90 Amendment of s 66 (Appointment of substitute licensee—pastoral house manager in charge of a licensee's business at a place) . . 91 Amendment of s 112 (Carrying on of business under resident letting agent's licence) ..........0. 0... eee eee 91 Amendment of s 113 (Licensee to be in charge of a resident letting agent's business at a place) ....................00. 91 Amendment of s 132 (Licensee to be in charge of a real estate agent's business ata place).............0.....0 00 eee eee 91 Amendment of s 164 (Employment of persons in real estate business) 6... eee eee 92 Page 9 Directors' Liability Reform Amendment Bill 2013 Contents 139 Amendment of s 171 (Carrying on of business under pastoral house licence) ...... 0... eee eee ee eee 92 140 Amendment of s 172 (Licensee to be in charge of pastoral house's business at a place) ..................000 eee eee 92 141 Amendment of s 173 (Appointment of pastoral house—general). 92 142 Amendment of s 174A (Pre-appointment advice about types of appointment) ........ 0.0 eee 93 143 Amendment of s 175 (Appointment of pastoral house—sole and exclusive agencies) ........ 6... cee eee eee 93 144 Amendment of s 176 (Restriction on reappointment of pastoral house for sales of residential property) .................... 93 145 Amendment of s 178 (Commission may be claimed only in relation to actual amounts)...............0 00 eee eee eee 93 146 Amendment of s 179 (Restriction on recovery of reward or expense—no proper authorisation etc.).................00. 94 147 Amendment of s 180 (Restriction on recovery of reward or expense above amount allowed) ..................02--00. 94 148 Amendment of s 183 (Beneficial interest—options)........... 94 149 Amendment of s 184 (Beneficial interest—other than options) . . 94 150 Amendment of s 188 (Notice to be given about vacant land). . . . 95 151 Amendment of s 189 (Buyer's rights if notice not given or materially defective) ............00 00... eee eee eee eee 95 152 Amendment of s 194 (Pastoral house etc. must notify chief executive of particular changes).................0002.000. 95 153 Amendment of s 195 (Display and publication of licensee's name) 95 154 Amendment of s 196 (Pastoral house to keep employment register) 96 155 Amendment of s 202 (Pastoral house must not act for more than 1 party)... eee 96 156 Amendment of s 204 (Employment of persons in pastoral house business) .... 0.0.0... eee eee 96 157 Amendment of s 209 (Licensee to be in charge of auctioneer's business at a place) .......... 0.00... c cee eee eee eee 96 158 Amendment of s 267 (Licensee or salesperson to be in charge of a property developer's business at a place)............... 97 159 Amendment of s 278 (Employment of persons in property developer's business)...........00. 0.00 ee eee e eee eee 97 160 Amendment of s 283 (Licensee to be in charge of motor dealer's business ata place) ........... 0000... cee eee eee eee 97 161 Amendment of s 338 (Employment of persons in motor dealer business) ....... 2... cee cee eee 97 162 Amendment of s 343 (Licensee to be in charge of commercial agent's business ata place).............0.....0 00 eee eee 98 Page 10 165 Part 53168 Part 54170 Part 55 172 Part 56 175 Part 57177 Directors' Liability Reform Amendment Bill 2013 Contents Amendment of s 358 (Employment of persons in commercial agent's business) ........... 0.00 e ccc eee 98 Amendment of s 420 (How receivers are appointed).......... 98 Amendment of s 475 (Corporation to give notices in relation to Claim) eee eee 98 Replacement of s 591 (Executive officers must ensure corporation complies with Act).................000..000 99 591 Executive officer may be taken to have committed Offence ww. eee eee eee 99 Amendment of Prostitution Act 1999 Actamended ........ 2... cece eee 99 Omission of s 99 (Offences by bodies corporate) ............ 99 Amendment of Public Health Act 2005 Act amended ......... 00. c cece eee ee 100 Replacement of s 448 (Executive officers must ensure corporation complies with Act)................00 02.0.0 eee 100 448 Liability of executive officer—particular offences committed by corporation..............-..000 ee 100 Amendment of Public Health (Infection Control for Personal Appearance Services) Act 2003 Act amended ......... 00. c cece eee ee 101 Replacement of s 142 (Executive officers must ensure corporation complies with Act) ..... 2.0... eee cee eee 102 142 Liability of executive officer—particular offences committed by corporation..............-.00000- 102 Amendment of Queensland Building Services Authority Act Act amended ......... 00. c cece eee 103 Replacement of s 111B (Executive officers must ensure company complies with Act) ........ 0.000 e cece eens 103 111B Liability of executive officer—particular offences committed by company................2-.00005- 103 Amendment of Queensland Heritage Act 1992 Act amended ......... 00. c cece eee 105 Replacement of s 160 (Executive officers must ensure corporation complies with Act)................0 022... 0 eee 105 160 Liability of executive officer—offence committed by corporation againsts 155....................4- 105 160A Executive officer may be taken to have committed Offence 6. eee eee eee 106 Amendment of schedule (Dictionary)..................000- 107 Directors' Liability Reform Amendment Bill 2013 Contents Part 58180 Part 59182 Part 60184 Part 61 186 Part 62188 Part 63 190 Part 64192 Page 12 Amendment of Racing Act 2002 Act amended ......... 00. c cece eee ee Omission of s 339 (Executive officers must ensure corporation complies with Act) 2.0... 0.0... eee ee eee eee Amendment of Radiation Safety Act 1999 Act amended ......... 00. c cece eee ee Replacement of s 205 (Executive officers must ensure corporation complies with Act)................0 002 eee eee 205 Liability of executive officer—particular offences committed by corporation..................0.0. 205A Executive officer may be taken to have committed Offence 6. eee eee eee Residential Services (Accreditation) Act 2002 Act amended ......... 00. c cece eee ee Replacement of s 172 (Executive officers must ensure corporation complies with Act)................0 002 eee eee 172 Liability of executive officer—particular offences committed by corporation..................0.0. Amendment of Residential Tenancies and Rooming Accommodation Act 2008 Actamended .......... 0.0.0. cece Omission of s 513 (Executive officers must ensure corporation complies with Act) 2.0... 0.0... eee ee eee eee Amendment of Retirement Villages Act 1999 Act amended ......... 00. c cece eee ee Omission of s 225 (Executive officers must ensure corporation complies with Act) 2.0... 0.0... eee ee eee eee Amendment of Second-hand Dealers and Pawnbrokers Act Actamended .......... 0.0.0. cece Omission of s 112 (Executive officers must ensure corporation complies with Act) 2.0... 0.0... eee ee eee eee Amendment of Strategic Cropping Land Act 2011 Act amended ......... 00. c cece eee ee Replacement of s 250 (Executive officers must ensure corporation does not commit SCL offences) ................ 250 Liability of executive officer—particular offences committed by corporation..................0.0. 250A Executive officer may be taken to have committed Offence 6. eee eee eee Part 65194 Part 66196 Part 67 198 Part 68200 Part 69202 Part 70204 Part 71 207 Part 72 209 Directors' Liability Reform Amendment Bill 2013 Contents Amendment of Surveyors Act 2003 Act amended ......... 00. c cece eee ee 116 Omission of s 185 (Executive officers must ensure corporation complies with Act) ..... 2.0... eee cee eee 116 Amendment of Taxation Administration Act 2001 Act amended ......... 00. c cece eee ee 117 Replacement of s 140 (Executive officers must ensure corporation complies with tax laws) ...............0.-00005 117 140 Liability of executive officer—particular offences committed by corporation..................0.0. 117 Amendment of Tobacco and Other Smoking Products ActAct amended ......... 00. c cece eee ee 119 Omission of s 51B (Executive officers must ensure corporation complies with Act) ..... 2.0... eee cee eee 119 Amendment of Tourism Services Act 2003 Act amended ......... 00. c cece eee ee 119 Omission of s 89 (Executive officers must ensure corporation complies with Act) ..... 2.0... eee cee eee 119 Amendment of Tow Truck Act 1973 Act amended ......... 00. c cece eee ee 120 Omission of s 41 (Offences by corporation)................. 120 Amendment of Trading (Allowable Hours) Act 1990 Act amended ......... 00. c cece eee ee 120 Amendment of s 44 (Parties to offences).................0. 120 Amendment of Transport Operations (Marine Pollution) ActAct amended ......... 00. c cece eee 121 Replacement of s 121 (Executive officers must ensure corporation complies with Act)............. 0.0... e eee eee 121 121 Executive officer may be taken to have committed Offence we eee 121 Amendment of Transport Operations (Road Use Management) Act 1995 Act amended ......... 00. c cece eee 122 Replacement of s 57 (Executive officers must ensure corporation complies with transport Act)............... 2.002 c ee eee eee 122 57 Executive officer may be taken to have committed Offence 6. eee eee eee 123 Directors' Liability Reform Amendment Bill 2013 Contents Part 73211 Part 73A 212A 212B 212C 212D Part 74214 Part 75 216 Part 76218 Part 77220 Part 78222 Page 14 Amendment of Transport (Rail Safety) Act 2010 Act amended ......... 00. c cece eee ee Omission of s 255 (Executive officers must ensure corporation complies with Act) 2.0... 0.0... eee ee eee eee Amendment of s 277 (Meaning of rail safety undertaking). ..... Amendment of Transport Security (Counter-Terrorism) Act Actamended .......... 20.0.0. cece eee Omission of ch 7, pt1,hdg............. 0. cece eee eee Omission of ch 7, pt2, hdg............. cee Omission of s 55 (Executive officers must ensure a corporation complies with this Act) ......... 0.0... cee eee eee eee Amendment of Travel Agents Act 1988 Act amended ......... 00. c cece eee Omission of s 52 (Offences by corporations)................ Amendment of Vocational Education, Training and Employment Act 2000 Actamended .......... 0.0.0. cece Omission of s 280 (Executive officers must ensure corporation complies with prescribed provision) ................--..-5. Amendment of Wagering Act 1998 Act amended ......... 00. c cece eee Replacement of s 289 (Executive officers must ensure corporation complies with Act)............. 0.00.0 e eee eee 289 Executive officer may be taken to have committed offence against s 172(1)................--00005 Amendment of Waste Reduction and Recycling Act 2011 Act amended ......... 00. c cece eee Replacement of s 268 (Executive officers must ensure corporation complies with Act)............. 0.00.0 e eee eee 268 Executive officer may be taken to have committed Offence 6. eee Amendment of Water Act 2000 Actamended .......... 0.0.0. cece Replacement of s 828 (Executive officers must ensure corporation complies with Act)............. 0.00.0 e eee eee 828 Executive officer may be taken to have committed Offence we eee eee ee 124 124125 Part 79224 Part 80 226 Part 81 Part 81A 228A 228B 228C 228D 228E Part 82Schedule 1 Directors' Liability Reform Amendment Bill 2013 Contents Amendment of Water Fluoridation Act 2008 Act amended ......... 00. c cece eee ee 130 Omission of s 91 (Executive officers must ensure corporation complies with Act) ..... 2.0... eee cee eee 130 Amendment of Water Supply (Safety and Reliability) ActAct amended ......... 00. c cece eee ee 131 Replacement of s 487 (Executive officers must ensure corporation complies with Act)................00 02.0.0 eee 131 487 Liability of executive officer—particular offences committed by corporation..............-.00000- 131 487A Executive officer may be taken to have committed Offence 6. eee eee eee 133 Amendment of Weapons Act 1990 Act amended ......... 00. c cece eee ee 134 Omission of s 162 (Person other than offender liable to penalties) 134 Amendment of Crime and Misconduct Act 2001 Act amended ........ 2.20. cece cette 134 Amendment of s 269 (Delegation—Commission) ............ 134 Amendment of s 346A (Protection of particular documents) .... 135 Insertion of news 346B....... 2... eee 136 °346B Declarations etc. relating to inquiry public records. . . 136 Insertion of new ch 8, pt9 ...... 2. eee eee 139 Part 9 Directors' Liability Reform Amendment Act 393 Provision relating tos 346A ..................0-. 139 394 Provision relating to S$ 375 .............-.0-000- 139 Minor and consequential amendments Acts amended ...... 00... cece c eee eee eee 140 Minor and consequential amendments .................. 141 Animal Care and Protection Act 2001 ..................0.. 141 Biodiscovery Act 2004 ..... 0... cece eee ee 141 Building Act 1975.1... 2... eee ee 142 Casino Control Act 1982 .......... 0.0... eee eee eee 142 Charitable and Non-Profit Gaming Act 1999 ................ 142 Child Employment Act 2006....................00 0c 143 Criminal Law (Sexual Offences) Act 1978 .................. 143 Duties Act 2001 ...... 2... eee eee ee 143 Page 15 Directors' Liability Reform Amendment Bill 2013 Contents Page 16 Education and Care Services Act 2013. . Education (Queensland College of Teachers) Act 2005........ Electricity Act 1994.................. Explosives Act 1999................. Fire and Rescue Service Act 1990...... Food Act 2006 ..............-..005. Gaming Machine Act 1991............ Geothermal Energy Act 2010.......... Greenhouse Gas Storage Act 2009..... Interactive Gambling (Player Protection) Act 1998............ Invasion of Privacy Act 1971 .......... Justices Act 1886................0.. Keno Act 1996 ...............0..0.. Land Act 1994 ..................0.. Lotteries Act 1997 .................. Mineral Resources Act 1989 .......... Nuclear Facilities Prohibition Act 2007. . . Offshore Minerals Act 1998 ........... Payroll Tax Act 1971................. Pest Management Act 2001........... Petroleum and Gas (Production and Safety) Act 2004......... Pharmacy Business Ownership Act 2001 Private Health Facilities Act 1999....... Public Health Act 2005............... Public Health (Infection Control for Personal Appearance Services) Act 2003..............200. Queensland Building Services Authority Act 1991............ Queensland Heritage Act 1992 ........ Radiation Safety Act 1999 ............ Residential Services (Accreditation) Act 2002............... Strategic Cropping Land Act 2011...... Taxation Administration Act 2001....... Transport Operations (Marine Pollution) Act 1995............ Transport Operations (Road Use Management) Act 1995...... Wagering Act 1998.................. Waste Reduction and Recycling Act 2011 144145145146148148149150150151152153 154154155156157 Directors' Liability Reform Amendment Bill 2013 Contents Water Act 2000... 1.2... eee cette eee Water Supply (Safety and Reliability) Act 2008 .............. Page 17 A Bill for An Act to amend particular Acts for matters relating to the liability of executive officers of corporations and to amend the Crime and Misconduct Act 2001 for particular purposes Clause Clause Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Directors' Liability Reform Amendment Act 2013. 2 Commencement (1) This Act, other than part 81A, commences on 1 November 2013. (2) Part 81A commences on 9 November 2013. Part 2 Amendment of Animal Care and Protection Act 2001 3 Act amended This part amends the Animal Care and Protection Act 2001. Note— See also the amendments in schedule 1. 4 Replacement of s 209 (Executive officers must ensure corporation complies with Act) Section 209— omit, insert— Page 20 Directors' Liability Reform Amendment Bill 2013 Part 2 Amendment of Animal Care and Protection Act 2001 [s 4] '209 Liability of executive officer—particular offences committed by corporation '(1) An executive officer of a corporation commits an offence if— (2) "3) (4) "(5) (a) (b) the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) (b) (c) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect— (a) (b) the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the corporation's offence against the executive liability provision. In this section— Page 21 Directors' Liability Reform Amendment Bill 2013 Part 2 Amendment of Animal Care and Protection Act 2001 [s 4] executive liability provision means any of the following provisions— ° section 17(2) ° section 18(1) ° section 51(1) ° section 91 ° section 92 ° the Criminal Code, section 468. '209A Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. '(4) In this section— deemed executive liability provision means any of the following provisions— Page 22 Directors' Liability Reform Amendment Bill 2013 Part 3 Amendment of Biodiscovery Act 2004 [s 5] ° section 15(3) ° section 19(1) ° section 19(2) ° section 21(1) ° section 30 ° section 31 ° section 32 ° section 35 ° section 36(1) ° section 36(2) ° section 37(1) ° section 161 ° section 187.'. Clause 5 Amendment of schedule (Dictionary) Schedule, definition animal welfare offence— omit, insert— 'animal welfare offence means an offence against— (a) this Act, other than chapter 6, part 2, divisions 2, 3, 4 | and 7 and sections 206, 207, 208, 209 and 210; or (b) the Criminal Code, section 468.'. Part 3 Amendment of Biodiscovery Act 2004 Clause 6 Act amended This part amends the Biodiscovery Act 2004. Page 23 Directors' Liability Reform Amendment Bill 2013 Part 3 Amendment of Biodiscovery Act 2004 [s 7] Note— See also the amendments in schedule 1. Clause 7 Replacement of s 115 (Executive officers must ensure corporation complies with Act) Section 115— omit, insert— 115 Liability of executive officer—particular offences committed by corporation '(1) An executive officer of a corporation commits an offence if— (a) _ the corporation commits an offence against an executive liability provision; and (b) _ the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. '(2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and (b) whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and (c) any other relevant matter. '(3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. '(4) This section does not affect— Page 24 Directors' Liability Reform Amendment Bill 2013 Part 4 Amendment of Building Act 1975 [s 8] (a) _ the liability of the corporation for the offence against the executive liability provision; or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision. "(5) In this section— executive liability provision means any of the following provisions— ° section 29(1) ° section 29(3) ° section 32(1) ° section 50(1) ° section 51 ° section 52(1) | ° section 53(1). Part 4 Amendment of Building Act Clause 8 Act amended This part amends the Building Act 1975. Note— See also the amendments in schedule 1. Clause 9 Replacement of s 257 (Liability for corporation's default) Section 257— omit, insert— Page 25 Directors' Liability Reform Amendment Bill 2013 Part 4 Amendment of Building Act 1975 [s 9] '257 Liability of executive officer—particular offences committed by corporation Page 26 '(1) An executive officer of a corporation commits an offence if— (2) "3) (4) "(5) (a) (b) the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) (b) (c) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect— (a) (b) the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision. In this section— Part 5 Directors' Liability Reform Amendment Bill 2013 Part 5 Amendment of Casino Control Act 1982 [s 10] executive liability provision means any of the following provisions— ° section 114A(2) ° section 115(1) ° section 231AL(6) ° section 232(1) ° section 245B(4) ° section 245L. executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.'. Amendment of Casino Control Act 1982 Clause 10 Act amended This part amends the Casino Control Act 1982. Note— See also the amendments in schedule 1. Clause 11 Replacement of s 123 (Liability for offence by body corporate) Section 123— omit, insert— Page 27 Directors' Liability Reform Amendment Bill 2013 Part 5 Amendment of Casino Control Act 1982 [s 11] '123 Executive officer may be taken to have committed offence against s 108(1) Page 28 xe) (2) "3) (4) If a body corporate commits an offence against section 108(1), each executive officer of the body corporate is taken to have also committed the offence if— (a) _ the officer authorised or permitted the body corporate's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the body corporate's conduct. The executive officer may be proceeded against for, and convicted of, the offence against section 108(1) whether or not the body corporate has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the body corporate for the offence against section 108(1); (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the body corporate, for the offence against section 108(1). In this section— executive officer, of a body corporate, means a person who is concerned with, or takes part in, the body corporate's management, whether or not the person is a director or the person's position is given the name of executive officer.'. Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 6 Amendment of Charitable and Non-Profit Gaming Act 1999 [s 12] Part 6 Amendment of Charitable and Non-Profit Gaming Act 1999 12 Act amended This part amends the Charitable and Non-Profit Gaming Act 1999. Note— See also the amendments in schedule 1. 13 Replacement of s 170 (Executive officers must ensure corporation complies with Act) Section 170— omit, insert— '170 Executive officer may be taken to have committed offence against s 20 '(1)_ If a corporation commits an offence against section 20, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence against section 20 whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) the liability of the corporation for the offence against section 20; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 20.'. Page 29 Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 7 Amendment of Child Employment Act 2006 [s 14] Part '33 Page 30 Amendment of Child Employment Act 2006 Act amended This part amends the Child Employment Act 2006. Note— See also the amendments in schedule 1. Replacement of s 33 (Executive officers must ensure corporation complies with Act) Section 33— omit, insert— Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed (2) "3) executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. Directors' Liability Reform Amendment Bill 2013 Part 7 Amendment of Child Employment Act 2006 [s 16] '(4) In this section— deemed executive liability provision means any of the following provisions— ° section 8A(1) ° section 8B(1) ° section 8C(1) ° section 9(1) ° section 9(2) ° section 9(3) ° section 9(4) ° section 10(1) ° section 11(1) ° section 12(7) ° section 13(10).'. Clause 16 Amendment of schedule (Dictionary) Schedule— insert— 'executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the | person's position is given the name of executive officer.'. Page 31 Clause Clau Directors' Liability Reform Amendment Bill 2013 Part 9 Amendment of Commission for Children and Young People and Child Guardian Act [s 19] Part 9 Amendment of Commission for Children and Young People and Child Guardian Act 2000 19 Act amended This part amends the Commission for Children and Young People and Child Guardian Act 2000. 20 Omission of s 383 (Executive officers must ensure corporation complies with Act) Section 383— omit. Part 9A Amendment of Community Services Act 2007 20A Act amended This part amends the Community Services Act 2007. 20B Amendment of s 32 (Compliance notice) Section 32(6)(b)(i), 'or for section 123'— omit. 20C Omission of s 123 (Executive officers must ensure Page 32 corporation complies with Act) Section 123— omit. Directors' Liability Reform Amendment Bill 2013 Part 9B Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005 [s 20D] Part 9B Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005 20D Act amended This part amends the Contract Cleaning Industry (Portable Long Service Leave) Act 2005. 20E Omission of ss 132 and 133 Sections 132 and 133— omit. Part 9C Amendment of Cooperatives Act 1997 20F Act amended This part amends the Cooperatives Act 1997. 20G Omission of s 454 (Offences by officers of cooperatives) Section 454— omit. Page 33 Directors' Liability Reform Amendment Bill 2013 Part 10 Amendment of Criminal Law (Sexual Offences) Act 1978 [s 21] Part Clause 21 Clause 22 Clause 23 Page 34 10 Amendment of Criminal Law (Sexual Offences) Act 1978 Act amended This part amends the Criminal Law (Sexual Offences) Act 1978. Note— See also the amendments in schedule 1. Amendment of s 3 (Definitions) Section 3— insert— 'executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.' Replacement of s 12 (Liability of directors etc. of body corporate) Section 12— omit, insert— Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive Directors' Liability Reform Amendment Bill 2013 Part 11 Amendment of Disability Services Act 2006 [s 24] | liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. '(4) In this section— deemed executive liability provision means any of the following provisions— ° section 6(3) ° section 6(4) ° section 7(3) ° section 7(4) ° section 10(1).'. Part 11 Amendment of Disability Services Act 2006 Clause 24 Act amended This part amends the Disability Services Act 2006. Clau 25 Amendment of s 57 (Insurance for service outlets) Section 57, penalty, paragraph (a), 'or for section 206'— omit. Page 35 Clause Clause Clause Clauge Clause Directors' Liability Reform Amendment Bill 2013 Part 11 Amendment of Disability Services Act 2006 [s 26] Page 36 Amendment of s 82 (Risk management strategies about persons engaged by funded non-government service providers) Section 82(2), penalty, paragraph (a), 'or for section 206'— omit. Amendment of s 95 (Change in police information of person engaged by funded non-government service provider) Section 95(3), penalty, paragraph (a), 'or for section 206'— omit. Amendment of s 96 (Change in police information of other persons) Section 96(3), penalty, paragraph (a), 'or for section 206'— omit. Omission of s 206 (Executive officers must ensure corporation complies with Act) Section 206— omit. Amendment of s 214 (Funded non-government service provider must keep records) Section 214, penalty, paragraph (a), 'or for section 206'— omit. Clause Clauge Clause Clauge Clau Directors' Liability Reform Amendment Bill 2013 Part 12 Amendment of Domestic Building Contracts Act 2000 [s 31] Part 12 Amendment of Domestic Building Contracts Act 2000 31 Act amended This part amends the Domestic Building Contracts Act 2000. 32 Omission of s 95 (Executive officers must ensure corporation complies with Act) Section 95— omit. Part 13 Amendment of Drugs Misuse Act 1986 33 Act amended This part amends the Drugs Misuse Act 1986. 34 Omission of s 43S (Executive officers must ensure corporation complies with part) Section 43S— omit. 35 Omission of s 113 (Executive officers must ensure corporation complies with part) Section 113— omit. Page 37 Directors' Liability Reform Amendment Bill 2013 Part 13A Amendment of Education and Care Services Act 2013 [s 35A] Part 13A Amendment of Education and Care Services Act 2013 35A Act amended This part amends the Education and Care Services Act 2013. Note— See also the amendments in schedule 1. 35B Amendment of s 232 (Liability of executive officer—particular offences committed by corporation) Section 232(5)— omit, insert— '(5) In this section— executive liability provision means either of the following provisions— ° section 19 ° section 53(1).'. 35C Amendment of s 233 (Executive officer may be taken to Page 38 have committed offence) (1) Section 233(1), 'provision of this Act'— omit, insert— 'deemed executive liability provision'. (2) Section 233(2), after 'offence', first mention— insert— 'against the deemed executive liability provision'. (3) Section 233(3)(a) and (b), after 'offence'— insert— 'against the deemed executive liability provision'. Directors' Liability Reform Amendment Bill 2013 Part 14 Amendment of Education (Queensland College of Teachers) Act 2005 [s 36] (4) Section 233— insert— '(4) In this section— deemed executive liability provision means any of the following provisions— ° section 53(2) . section 121 . section 122.'. Part 14 Amendment of Education (Queensland College of Teachers) Act 2005 Clause 36 Act amended This part amends the Education (Queensland College of Teachers) Act 2005. Note— See also the amendments in schedule 1. Clause 37 Replacement of s 228 (Executive officers must ensure corporation complies with Act) Section 228— omit, insert— '228 Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— Page 39 Directors' Liability Reform Amendment Bill 2013 Part 14 Amendment of Education (Queensland College of Teachers) Act 2005 [s 38] Clause 38 Page 40 (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. '(4) In this section— deemed executive liability provision means any of the following provisions— ° section 76(2) ° section 77(2) ° section 78(2) ° section 82(1) ° section 82(2).'. Amendment of sch 3 (Dictionary) Schedule 3— insert— 'executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.' Directors' Liability Reform Amendment Bill 2013 Part 15 Amendment of Electricity Act 1994 [s 39] Part 15 Amendment of Electricity Act Clause 39 Act amended This part amends the Electricity Act 1994. Note— See also the amendments in schedule 1. Clause 40 Replacement of s 240A (Executive officers must ensure corporation complies with Act) Section 240A— omit, insert— '240A Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive | liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. Page 41 Directors' Liability Reform Amendment Bill 2013 Part 16 Amendment of Emblems of Queensland Act 2005 [s 42] (4) claude Part 16 In this section— deemed executive liability provision means any of the following provisions— ° section 87(1) ° section 88(1) ° section 88A(1) ° section 89(1). 'executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.' Amendment of Emblems of Queensland Act 2005 Clause 42 Act amended This part amends the Emblems of Queensland Act 2005. Clauge 43 Omission of s 5 (Executive officers must ensure corporation complies with Act) Page 42 Section 5— omit. Clause Clause Part 17 Directors' Liability Reform Amendment Bill 2013 Part 17 Amendment of Explosives Act 1999 [s 44] Amendment of Explosives Act 44 Act amended This part amends the Explosives Act 1999. Note— See also the amendments in schedule 1. 45 Replacement of s 117 (Executive officers must ensure corporation complies with Act) Section 117— omit, insert— '117 Liability of executive officer—offence committed by corporation against s 32(1) '(1) An executive officer of a corporation commits an offence if— (2) (a) (b) the corporation commits an offence against section 32(1); and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 32(1) by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) (b) (c) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against section 32(1); and whether the officer was in a position to influence the corporation's conduct in relation to the offence against section 32(1); and any other relevant matter. Page 43 Clause Directors' Liability Reform Amendment Bill 2013 Part 17A Amendment of Family Services Act 1987 [s 45A] '(3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 32(1). '(4) This section does not affect— (a) the liability of the corporation for the offence against section 32(1); or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 32(1).. Part 17A Amendment of Family Services Act 1987 45A Act amended This part amends the Family Services Act 1987. 45B Omission of s 29 (Liability for offences by bodies corporate and unincorporate) Section 29— omit. Part 18 Amendment of Fire and Rescue Service Act 1990 46 Act amended This part amends the Fire and Rescue Service Act 1990. Page 44 Clause 47 "151 Directors' Liability Reform Amendment Bill 2013 Part 18 Amendment of Fire and Rescue Service Act 1990 [s 47] Note— See also the amendments in schedule 1. Replacement of s 151 (Offence by body corporate) Section 151— omit, insert— Liability of executive officer—particular offences committed by corporation xe) (2) "3) (4) An executive officer of a corporation commits an offence if— (a) _ the corporation commits an offence against an executive liability provision; and (b) _ the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and (b) whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and (c) any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect— (a) _ the liability of the corporation for the offence against the executive liability provision; or Page 45 Directors' Liability Reform Amendment Bill 2013 Part 19 Amendment of Fisheries Act 1994 [s 49] "(5) Clauge Part 19 Clause 49 Clau (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision. In this section— executive liability provision means any of the following provisions— ° section 69(3) ° section 104C ° section 104D(1). executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.' Amendment of Fisheries Act Act amended This part amends the Fisheries Act 1994. 50 Omission of s 219A (Executive officers must ensure corporation complies with Act) Page 46 Section 219A— omit. Clause Clause Part 20 '260 Directors' Liability Reform Amendment Bill 2013 Part 20 Amendment of Food Act 2006 [s 51] Amendment of Food Act 2006 Act amended This part amends the Food Act 2006. Note— See also the amendments in schedule 1. Replacement of s 260 (Executive officers must ensure corporation complies with Act) Section 260— omit, insert— Liability of executive officer—offence committed by corporation against executive liability provision '(1) An executive officer of a corporation commits an offence if— (2) (a) (b) the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) (b) (c) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and any other relevant matter. Page 47 Directors' Liability Reform Amendment Bill 2013 Part 20 Amendment of Food Act 2006 [s 52] Page 48 "3) (4) "(5) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect— (a) _ the liability of the corporation for the offence against the executive liability provision; or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision. In this section— executive liability provision means any of the following provisions— ° section 32 ° section 33 ° section 34(1) ° section 34(2) ° section 35(1) ° section 35(2) ° section 36(1) ° section 36(2) ° section 37(1) ° section 37(2) ° section 37(3) ° section 38(1) ° section 38(2) ° section 39(1) ° section 39(2) ° section 39(3) Directors' Liability Reform Amendment Bill 2013 Part 20 Amendment of Food Act 2006 [s 52] ° section 39(4) ° section 49 ° section 99(1) ° section 123 ° section 271B(2) ° section 271C(2) ° section 271D(6). '260A Executive officer may be taken to have committed offence xe) (2) "3) (4) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. In this section— deemed executive liability provision means any of the following provisions— ° section 50(1) Page 49 Directors' Liability Reform Amendment Bill 2013 Part 20A Amendment of Foreign Ownership of Land Register Act 1988 [s 52A] ° section 51(1) ° section 86(1) ° section 86(2) ° section 114(5) ° section 124 ° section 125 ° section 126 ° section 157(1) ° section 158(2) ° section 207 ° section 209(7) ° section 214(1) ° section 221 ° section 270(2) ° section 271(6).'. Part 20A Amendment of Foreign Ownership of Land Register Act 1988 524A Act amended This part amends the Foreign Ownership of Land Register Act 1988. 52B Omission of s 26 (Offences by corporations) Section 26— omit. Page 50 Directors' Liability Reform Amendment Bill 2013 Part 21 Amendment of Funeral Benefit Business Act 1982 [s 53] Part 21 Amendment of Funeral Benefit Business Act 1982 Clause 53 Act amended This part amends the Funeral Benefit Business Act 1982. Clauge 54 Omission of s 84 (Offence by corporation) Section 84— | omit. Part 22 Amendment of Gaming Machine Act 1991 Clause 55 Act amended This part amends the Gaming Machine Act 1991. Note— See also the amendments in schedule 1. Clause 56 Replacement of s 352 (Liability for offence by body corporate) Section 352— omit, insert— '352 Executive officer may be taken to have committed offence against s 325 '(1)_ If a body corporate commits an offence against section 325, each executive officer of the body corporate is taken to have also committed the offence if— (a) _ the officer authorised or permitted the body corporate's conduct constituting the offence; or Page 51 Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 23 Amendment of Geothermal Energy Act 2010 [s 57] (b) the officer was, directly or indirectly, knowingly concerned in the body corporate's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence against section 325 whether or not the body corporate has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) _ the liability of the body corporate for the offence against section 325; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the body corporate, for the offence against section 325.'. Part 23 Amendment of Geothermal Energy Act 2010 57 Act amended This part amends the Geothermal Energy Act 2010. Note— See also the amendments in schedule 1. 58 Replacement of s 333 (Executive officers must ensure corporation does not commit particular offences) Section 333— omit, insert— '333 Liability of executive officer—offence committed by corporation against s 327 '(1) An executive officer of a corporation commits an offence if— Page 52 (2) "3) (4) (b) Directors' Liability Reform Amendment Bill 2013 Part 23 Amendment of Geothermal Energy Act 2010 [s 58] the corporation commits an offence against section 327; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 327 by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) (b) (c) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against section 327; and whether the officer was in a position to influence the corporation's conduct in relation to the offence against section 327; and any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 327. This section does not affect— (a) (b) the liability of the corporation for the offence against section 327; or the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 327. '333A Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— Page 53 Directors' Liability Reform Amendment Bill 2013 Part 23 Amendment of Geothermal Energy Act 2010 [s 58] Page 54 (2) "3) (4) (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. In this section— deemed executive liability provision means any of the following provisions— ° section 198 ° section 200(1) ° section 242(5) ° section 329 ° section 330 ° section 331(1) ° section 332(1) ° section 332(2).'. Clause Clause Part 24 Directors' Liability Reform Amendment Bill 2013 Part 24 Amendment of Greenhouse Gas Storage Act 2009 [s 59] Amendment of Greenhouse Gas Storage Act 2009 59 Act amended This part amends the Greenhouse Gas Storage Act 2009. Note— See also the amendments in schedule 1. 60 Replacement of s 393 (Executive officers must ensure corporation does not commit particular offences) Section 393— omit, insert— '393 Liability of executive officer—offence committed by corporation against s 386(1) '(1) An executive officer of a corporation commits an offence if— (2) (a) (b) the corporation commits an offence against section 386(1); and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 386(1) by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) (b) (c) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against section 386(1); and whether the officer was in a position to influence the corporation's conduct in relation to the offence against section 386(1); and any other relevant matter. Page 55 Directors' Liability Reform Amendment Bill 2013 Part 24 Amendment of Greenhouse Gas Storage Act 2009 [s 60] "3) (4) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 386(1). This section does not affect— (a) the liability of the corporation for the offence against section 386(1); or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 386(1). '393A Executive officer may be taken to have committed offence xe) (2) "3) (4) Page 56 If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. In this section— Clause Clauge Clause Directors' Liability Reform Amendment Bill 2013 Part 25 Amendment of Guide, Hearing and Assistance Dogs Act 2009 [s 61] deemed executive liability provision means any of the following provisions— ° section 264 ° section 334(3) ° section 392(1) ° section 392(2).'. Part 25 Amendment of Guide, Hearing and Assistance Dogs Act 2009 61 Act amended This part amends the Guide, Hearing and Assistance Dogs Act 2009. 62 Omission of s 106 (Executive officers must ensure corporation complies with Act) Section 106— omit. 63 Amendment of sch 4 (Dictionary) Schedule 4— insert— 'executive officer, of a corporation, means a person who is concerned with, or takes part in, the management of the corporation, whether or not the person is a director or the person's position is given the name of executive officer.' Page 57 Directors' Liability Reform Amendment Bill 2013 Part 26 Amendment of Health Act 1937 [s 64] Part 26 Amendment of Health Act 1937 Clause 64 Act amended This part amends the Health Act 1937. Clause 65 Replacement of s 153ZN (Executive officers must ensure corporation complies with relevant provisions and this part) Section 153ZN— omit, insert— "153ZN Executive officer may be taken to have committed offence '(1)_ Ifa corporation commits an offence against a provision of this Act, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) _ the liability of the corporation for the offence; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence.'. Page 58 Directors' Liability Reform Amendment Bill 2013 Part 27 Amendment of Higher Education (General Provisions) Act 2008 [s 66] Part 27 Amendment of Higher Education (General Provisions) Act 2008 Clause 66 Act amended This part amends the Higher Education (General Provisions) Act 2008. Clause 67 Amendment of s 112 (Responsibility for acts or omissions of representatives) Section 112(4)— insert— 'executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.' Clause 68 Omission of s 113 (Executive officers must ensure corporation complies with Act) Section 113— omit. Clause 69 Amendment of sch 2 (Dictionary) Schedule 2, definition executive officer— omit. Page 59 Directors' Liability Reform Amendment Bill 2013 Part 28 Amendment of Housing Act 2003 [s 70] Part 28 Amendment of Housing Act Clause 70 Act amended This part amends the Housing Act 2003. Clauge 71 Omission of s 91 (Executive officers must ensure corporation complies with Act) Section 91— | omit. Part 29 Amendment of Industrial Relations Act 1999 Clause 72 Act amended This part amends the /ndustrial Relations Act 1999. Clau 73 Omission of s 673 (Executive officers must ensure corporation complies with ss 138, 368, 406 and 666) Section 673— | omit. Page 60 Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 30 Amendment of Interactive Gambling (Player Protection) Act 1998 [s 74] Part 30 Amendment of Interactive Gambling (Player Protection) Act 1998 74 Act amended This part amends the Interactive Gambling (Player Protection) Act 1998. Note— See also the amendments in schedule 1. 75 Replacement of s 247 (Executive officers must ensure corporation complies with Act) Section 247— omit, insert— '247 Executive officer may be taken to have committed offence against s 119(1) '(1)_ If a corporation commits an offence against section 119(1), each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence against section 119(1) whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) the liability of the corporation for the offence against section 119(1); (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer Page 61 Directors' Liability Reform Amendment Bill 2013 Part 31 Amendment of Introduction Agents Act 2001 [s 76] of the corporation, for the offence against section 119(1)'. Part 31 Amendment of Introduction Agents Act 2001 Clause 76 Act amended This part amends the /ntroduction Agents Act 2001. Clauge 77 Omission of s 94 (Executive officers must ensure corporation complies with Act) Section 94— | omit. Part 32 Amendment of Invasion of Privacy Act 1971 Clause 78 Act amended This part amends the nvasion of Privacy Act 1971. Clause 79 Amendment of s 49 (Offences and penalty) (1) Section 49(2)— omit. (2) Section 49(3) and (4)— renumber as section 49(2) and (3). Page 62 Directors' Liability Reform Amendment Bill 2013 Part 32 Amendment of Invasion of Privacy Act 1971 [s 80] Clause 80 Insertion of new s 49A After section 49— offence insert— '49A Executive officer may be taken to have committed '(1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (2) "3) (4) (a) (b) the officer authorised or permitted the corporation's conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) (b) the liability of the corporation for the offence against the deemed executive liability provision; the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. In this section— deemed executive liability provision means any of the following provisions— section 43(1) section 43(5) section 44(1) section 45(1) section 46(4). Page 63 Clause Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 33 Amendment of Justices Act 1886 [s 81] Part 33 executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.' Amendment of Justices Act 81 Act amended This part amends the Justices Act 1886. Note— See also the amendments in schedule 1. 82 Amendment of s 102F (Publication prohibited) Section 102F(2)— omit. 83 Insertion of new s 102FA After section 102F— insert— '102FA Executive officer may be taken to have committed offence against s 102F(1) xe) Page 64 If a corporation commits an offence against section 102F(1), each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. Clause Clause (2) "3) (4) Part 34 Directors' Liability Reform Amendment Bill 2013 Part 34 Amendment of Keno Act 1996 [s 84] The executive officer may be proceeded against for, and convicted of, the offence whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the corporation for the offence; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence. In this section— executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.' Amendment of Keno Act 1996 84 Act amended This part amends the Keno Act 1996. Note— See also the amendments in schedule 1. 85 Replacement of s 226 (Executive officers must ensure corporation complies with Act) Section 226— omit, insert— '226 Executive officer may be taken to have committed offence against s 116(1) xe) If a corporation commits an offence against section 116(1), each executive officer of the corporation is taken to have also committed the offence if— Page 65 Directors' Liability Reform Amendment Bill 2013 Part 35 Amendment of Land Act 1994 [s 86] (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and | convicted of, the offence against section 116(1) whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) the liability of the corporation for the offence against section 116(1); (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 116(1).'. Part 35 Amendment of Land Act 1994 Clause 86 Act amended This part amends the Land Act 1994. Note— See also the amendments in schedule 1. Clause 87 Replacement of s 431J (Executive officers must ensure corporation complies with Act) Section 43 1J— omit, insert— '431J Liability of executive officer—offence committed by corporation against s 214D(1) '(1) An executive officer of a corporation commits an offence if— Page 66 (2) "3) (4) "(5) Directors' Liability Reform Amendment Bill 2013 Part 35 Amendment of Land Act 1994 [s 87] (a) the corporation commits an offence against section 214D(1); and (b) _ the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 214D(1) by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against section 214D(1); and (b) whether the officer was in a position to influence the corporation's conduct in relation to the offence against section 214D(1); and (c) any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 214D(1). This section does not affect— (a) the liability of the corporation for the offence against section 214D(1); or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 214D(1). In this section— executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.'. Page 67 Clause Clause Clauge Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 36 Amendment of Land Sales Act 1984 [s 88] Part 36 Amendment of Land Sales Act 88 Act amended This part amends the Land Sales Act 1984. 89 Amendment of s 6 (Definitions) Section 6— insert— 'executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.' 90 Omission of s 32B (Executive officers must ensure corporation complies with Act) Section 32B— omit. Part 37 Amendment of Legal Profession Act 2007 91 Act amended This part amends the Legal Profession Act 2007. 92 Amendment of s 114 (Notice of intention to start providing legal services) Section 114(2), penalty, paragraph (a), 'or for section 702'— Page 68 Clause Clause Clause Clause Clause Clau Directors' Liability Reform Amendment Bill 2013 Part 37 Amendment of Legal Profession Act 2007 [s 93] omit. Amendment of s 116 (Notice of termination of provision of legal services) Section 116(1), penalty, paragraph (a), 'or for section 702'— omit. Amendment of s 119 (Incorporated legal practice without legal practitioner director) Section 119(2) and (3), penalty, paragraph (a), 'or for section 702'— omit. Amendment of s 121 (Professional indemnity insurance) Section 121(1) and (2), penalty, paragraph (a), 'or for section 702'— omit. Amendment of s 129 (Disqualified persons) Section 129(1), penalty, paragraph (a), 'or for section 702'— omit. Amendment of s 132 (Banning of incorporated legal practices) Section 132(6), penalty, paragraph (a), 'or for section 702'— omit. Omission of s 702 (Executive officers must ensure corporation complies with Act) Section 702— omit. Page 69 Clause Clau Clau Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 38 Amendment of Liquor Act 1992 [s 99] Part 38 Amendment of Liquor Act 1992 99 Act amended This part amends the Liquor Act 1992. 101 Amendment of s 128 (Liability of licensees in certain cases) Section 128— insert— '(2) In subsection (1)(a)— liability does not include a liability for an offence committed by a corporation.'. Part 39 Amendment of Lotteries Act 103 Act amended This part amends the Lotteries Act 1997. Note— See also the amendments in schedule 1. 104 Replacement of s 212 (Executive officers must ensure corporation complies with Act) Section 212— omit, insert— Page 70 Directors' Liability Reform Amendment Bill 2013 Part 40 Amendment of Manufactured Homes (Residential Parks) Act 2003 [s 105] '212 Executive officer may be taken to have committed offence against s 99(1) xe) (2) "3) Part 40 If a corporation commits an offence against section 99(1), each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against section 99(1) whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) the liability of the corporation for the offence against section 99(1); (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 99(1).'. Amendment of Manufactured Homes (Residential Parks) Act Clause 105 Act amended This part amends the Manufactured Homes (Residential Parks) Act 2003. Page 71 Clauge Clause Clause Clauge Directors' Liability Reform Amendment Bill 2013 Part 41 Amendment of Mineral Resources Act 1989 [s 106] 106 Omission of s 139 (Executive officers must ensure corporation complies with Act) Section 139— omit. Part 41 Amendment of Mineral Resources Act 1989 107 Act amended This part amends the Mineral Resources Act 1989. Note— See also the amendments in schedule 1. 108 "om of s 412 (Offences and recovery of penalties etc. Section 412(4)— omit. 109 Insertion of new ss 412A and 412B After section 412— insert— '412A Liability of executive officer—particular offences committed by company '1)_ An executive officer of a company commits an offence if— (a) the company commits an offence against an executive liability provision; and (b) _ the officer did not take all reasonable steps to ensure the company did not engage in the conduct constituting the offence. Page 72 (2) "3) (4) "(5) Directors' Liability Reform Amendment Bill 2013 Part 41 Amendment of Mineral Resources Act 1989 [s 109] Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) whether the officer knew, or ought reasonably to have known, of the company's conduct constituting the offence against the executive liability provision; and (b) whether the officer was in a position to influence the company's conduct in relation to the offence against the executive liability provision; and (c) any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the company has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect any of the following— (a) _ the liability of the company for the offence against the executive liability provision; (b) _ the liability, under section 412B, of the executive officer for the offence against section 404D(1); (c) _ the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the company, for the offence against the executive liability provision. In this section— executive liability provision means any of the following provisions— ° section 334C(1) ° section 402(1) ° section 403(1) ° section 404D(1). Page 73 Directors' Liability Reform Amendment Bill 2013 Part 41 Amendment of Mineral Resources Act 1989 [s 109] executive officer, of a company, means a person who is concerned with, or takes part in, the management of the company, whether or not the person is a director or the person's position is given the name of executive officer. '412B Executive officer may be taken to have committed offence Page 74 xe) (2) "3) (4) "(5) If a company commits an offence against a deemed executive liability provision, each executive officer of the company is taken to have also committed the offence if— (a) the officer authorised or permitted the company's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the company's conduct. The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the company has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the company for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the company, for the offence against the deemed executive liability provision. However, this section does not apply to the company's offence to the extent it involves a contravention relating to a royalty prescribed in respect of a mineral. Example for subsection (4)— a royalty return lodged by the company containing information that is known to be false or misleading in a material particular In this section— deemed executive liability provision means any of the following provisions— Clause Clauge Clause Directors' Liability Reform Amendment Bill 2013 Part 42 Amendment of Motor Racing Events Act 1990 [s 110] ° section 20(5) ° section 335C(1) ° section 404 ° section 404D(1) ° schedule 1, part 2, division 1, section 5(1) ° schedule 1, part 2, division 1, section 5(2) ° schedule 1, part 2, division 1, section 5(3) ° schedule 1, part 2, division 2, section 10(1). executive officer, of a company, see section 412A(5).'. Part 42 Amendment of Motor Racing Events Act 1990 110 Act amended This part amends the Motor Racing Events Act 1990. 111. Omission of s 44 (Offence by body corporate) Section 44— omit. Part 43 Amendment of Nuclear Facilities Prohibition Act 2007 112 Act amended This part amends the Nuclear Facilities Prohibition Act 2007. Page 75 Directors' Liability Reform Amendment Bill 2013 Part 43 Amendment of Nuclear Facilities Prohibition Act 2007 [s 113] Note— See also the amendments in schedule 1. Clause 113 Replacement of s 22 (Executive officers must ensure corporation complies with Act) Section 22— omit, insert— '22 Liability of executive officer—particular offences committed by corporation '(1) An executive officer of a corporation commits an offence if— (a) _ the corporation commits an offence against an executive liability provision; and (b) _ the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. '(2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and (b) whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and (c) any other relevant matter. '(3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. '(4) This section does not affect— Page 76 Directors' Liability Reform Amendment Bill 2013 Part 43 Amendment of Nuclear Facilities Prohibition Act 2007 [s 114] (a) _ the liability of the corporation for the offence against the executive liability provision; or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision. "(5) In this section— executive liability provision means either of the following provisions— ° section 7(1) | ° section 13(4).'. Clause 114 Amendment of s 23 (Indictable and summary offences) Section 23(1)— omit, insert— '(1)_ An offence against section 13(4) is a misdemeanout.'. Clause 115 Amendment of schedule (Dictionary) Schedule— insert— 'executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.' Page 77 Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 44 Amendment of Offshore Minerals Act 1998 [s 116] Part 44 Amendment of Offshore Minerals Act 1998 Act amended This part amends the Offshore Minerals Act 1998. Note— See also the amendments in schedule 1. Replacement of s 443 (Executive officers must ensure corporation complies with Act) Section 443— omit, insert— '443 Liability of executive officer—offence committed by corporation against s 38 Page 78 xe) (2) An executive officer of a corporation commits an offence if— (a) the corporation commits an offence against section 38; and (b) _ the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 38 by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against section 38; and (b) whether the officer was in a position to influence the corporation's conduct in relation to the offence against section 38; and (c) any other relevant matter. "3) (4) Directors' Liability Reform Amendment Bill 2013 Part 44 Amendment of Offshore Minerals Act 1998 [s 117] The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 38. This section does not affect— (a) the liability of the corporation for the offence against section 38; or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 38. '443A Executive officer may be taken to have committed offence xe) (2) "3) (4) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. In this section— deemed executive liability provision means any of the following provisions— Page 79 Directors' Liability Reform Amendment Bill 2013 Part 45 Amendment of Pest Management Act 2001 [s 118] ° section 44 ° section 123 ° section 183 ° section 259 ° section 308 ° section 385(1) ° section 385(2) ° section 391(1) ° section 404(3).'. Clause 118 Amendment of sch 5 (Dictionary) Schedule 5— insert— 'executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.' Part 45 Amendment of Pest Management Act 2001 Clause 119 Act amended This part amends the Pest Management Act 2001. Note— See also the amendments in schedule 1. Page 80 Clause 120 | "122 Directors' Liability Reform Amendment Bill 2013 Part 45 Amendment of Pest Management Act 2001 [s 120] Replacement of s 122 (Executive officers must ensure corporation complies with Act) Section 122— omit, insert— Liability of executive officer—particular offences committed by corporation '(1) An executive officer of a corporation commits an offence if— (2) "3) (4) (a) (b) the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) (c) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect— (a) (b) the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer Page 81 Directors' Liability Reform Amendment Bill 2013 Part 46 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 121] of the corporation, for the offence against the executive liability provision. '(5) In this section— executive liability provision means either of the following provisions— ° section 50(1) | ° section 51(2).'. Part 46 Amendment of Petroleum and Gas (Production and Safety) Act 2004 Clause 121 Act amended This part amends the Petroleum and Gas (Production and Safety) Act 2004. Note— See also the amendments in schedule 1. Clause 122 Replacement of s 814 (Executive officers must ensure corporation complies with Act) Section 814— omit, insert— '814 Liability of executive officer—particular offences committed by corporation '(1) An executive officer of a corporation commits an offence if— (a) _ the corporation commits an offence against an executive liability provision; and Page 82 (2) "3) (4) "(5) Directors' Liability Reform Amendment Bill 2013 Part 46 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 122] (b) _ the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and (b) whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and (c) any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect any of the following— (a) _ the liability of the corporation for the offence against the executive liability provision; (b) _ the liability, under section 814A, of the executive officer for the offence against the executive liability provision; (c) _ the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision. In this section— executive liability provision means any of the following provisions— ° section 617C(1) ° section 696(2) Page 83 Directors' Liability Reform Amendment Bill 2013 Part 46 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 122] ° section 696(3) ° section 733(1) ° section 800(1) ° section 813(1) ° section 813(2).'. '814A Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. '(4) However, this section does not apply to the corporation's offence to the extent it involves a contravention relating to a petroleum royalty. Example for subsection (4)— a royalty return lodged by the corporation contains an entry that is known to be false or misleading in a material particular "(5) In this section— Page 84 Directors' Liability Reform Amendment Bill 2013 Part 46 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 122] deemed executive liability provision means any of the following provisions— section 175C(1) section 175C(3) section 175H(2) section 175H(3) section 198 section 207 section 228(1) section 281(1) section 282 section 283 section 292(2) section 495(1) section 495(2) section 495(3) section 500(1) section 559(1) section 560(3) section 621(2) section 626(1) section 628(1) section 639(1) section 640 section 642(1) section 643(3) section 646(4) section 648(1) Page 85 Directors' Liability Reform Amendment Bill 2013 Part 46 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 122] ° section 648(2) ° section 649 ° section 697(1) ° section 697(2) ° section 697(3) ° section 698 ° section 708A(1) ° section 721(1) ° section 721(2) ° section 727(1) ° section 727(4) ° section 729 ° section 733(2) ° section 733A ° section 734(1) ° section 734(3) . section 766 ° section 782(1) ° section 785 ° section 802(1) ° section 803 ° section 804 ° section 805(1) ° section 806(1) ° section 807(2) ° section 808 ° section 809 Page 86 Clause Clause Part 47 Directors' Liability Reform Amendment Bill 2013 Part 47 Amendment of Pharmacy Business Ownership Act 2001 [s 123] ° section 810 ° section 813(1) ° section 813(2).'. Amendment of Pharmacy Business Ownership Act 2001 123. Act amended This part amends the Pharmacy Business Ownership Act 2001. 124 Replacement of s 197 (Executive officers must ensure corporation complies with Act) Section 197— omit, insert— '197 Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed (2) "3) executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— Page 87 Directors' Liability Reform Amendment Bill 2013 Part 48 Amendment of Place Names Act 1994 [s 125] (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. '(4) In this section— deemed executive liability provision means any of the following provisions— ° section 139B(b) ° section 139H(3) ° section 139H(4) ° section 139H(5).'. Part 48 Amendment of Place Names Act 1994 Clause 125 Act amended This part amends the Place Names Act 1994. Clauge 126 Omission of s 17 (Executive officers must ensure corporation complies with Act) Section 17— | omit. Page 88 Clause Clauge Clause Clauge Clause Directors' Liability Reform Amendment Bill 2013 Part 49 Amendment of Printing and Newspapers Act 1981 [s 127] Part 49 Amendment of Printing and Newspapers Act 1981 127 Act amended This part amends the Printing and Newspapers Act 1981. 128 Omission of s 10 (Liability for offence by body corporate) Section 10— omit. Part 50 Amendment of Private Employment Agents Act 2005 129 Act amended This part amends the Private Employment Agents Act 2005. 130 Omission of s 45 (Executive officers must ensure corporation complies with Act) Section 45— omit. Part 51 Amendment of Private Health Facilities Act 1999 131 Act amended This part amends the Private Health Facilities Act 1999. Page 89 Directors' Liability Reform Amendment Bill 2013 Part 52 Amendment of Property Agents and Motor Dealers Act 2000 [s 132] Clause 132 Replacement of s 143 (Executive officers must ensure corporation complies with Act) Section 143— omit, insert— '143 Executive officer may be taken to have committed offence against s 39 xe) (2) "3) Part 52 If a corporation commits an offence against section 39, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against section 39 whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) the liability of the corporation for the offence against section 39; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 39.'. Amendment of Property Agents and Motor Dealers Act 2000 Clause 133 Act amended Page 90 This part amends the Property Agents and Motor Dealers Act 2000. Clause 134 Clause 135 Clause 136 Clause 137 Directors' Liability Reform Amendment Bill 2013 Part 52 Amendment of Property Agents and Motor Dealers Act 2000 [s 134] Amendment of s 66 (Appointment of substitute licensee—pastoral house manager in charge of a licensee's business at a place) Section 66(3) and (4), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Amendment of s 112 (Carrying on of business under resident letting agent's licence) Section 112(3), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Amendment of s 113 (Licensee to be in charge of a resident letting agent's business at a place) Section 113(2), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Amendment of s 132 (Licensee to be in charge of a real estate agent's business at a place) Section 132(2), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Page 91 Directors' Liability Reform Amendment Bill 2013 Part 52 Amendment of Property Agents and Motor Dealers Act 2000 [s 138] Clause 138 Amendment of s 164 (Employment of persons in real estate business) Section 164(3), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 139 Amendment of s 171 (Carrying on of business under pastoral house licence) Section 171, penalty, paragraph (a), from 'guilty' to 'section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 140 Amendment ofs 172 (Licensee to be in charge of pastoral house's business at a place) Section 172(1), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 141 Amendment of s 173 (Appointment of pastoral house—general) Section 173(1) and (7), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Page 92 Directors' Liability Reform Amendment Bill 2013 Part 52 Amendment of Property Agents and Motor Dealers Act 2000 [s 142] Clause 142 Amendment of s 174A (Pre-appointment advice about types of appointment) Section 174A, penalty, paragraph (a), from 'guilty' to 'section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 143 Amendment of s 175 (Appointment of pastoral house—sole and exclusive agencies) Section 175(1), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 144 Amendment of s 176 (Restriction on reappointment of pastoral house for sales of residential property) Section 176(3), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 145 Amendment of s 178 (Commission may be claimed only in relation to actual amounts) Section 178(2), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Page 93 Directors' Liability Reform Amendment Bill 2013 Part 52 Amendment of Property Agents and Motor Dealers Act 2000 [s 146] Clause 146 Amendment of s 179 (Restriction on recovery of reward or expense—no proper authorisation etc.) Section 179(2), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 147 Amendment of s 180 (Restriction on recovery of reward or expense above amount allowed) Section 180(6), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 148 Amendment of s 183 (Beneficial interest—options) Section 183(2) and (4), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 149 Amendment of s 184 (Beneficial interest—other than options) Section 184(2), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Page 94 Clause 150 Clause 151 Clause 152 Clause 153 Directors' Liability Reform Amendment Bill 2013 Part 52 Amendment of Property Agents and Motor Dealers Act 2000 [s 150] Amendment of s 188 (Notice to be given about vacant land) Section 188(1), (2) and (5), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Amendment of s 189 (Buyer's rights if notice not given or materially defective) Section 189(4), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Amendment of s 194 (Pastoral house etc. must notify chief executive of particular changes) Section 194(1), (3) and (4), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Amendment of s 195 (Display and publication of licensee's name) Section 195(1) and (2), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Page 95 Directors' Liability Reform Amendment Bill 2013 Part 52 Amendment of Property Agents and Motor Dealers Act 2000 [s 154] Clause 154 Amendment of s 196 (Pastoral house to keep employment register) Section 196(1), (2) and (3), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 155 Amendment of s 202 (Pastoral house must not act for more than 1 party) Section 202(1), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 156 Amendment of s 204 (Employment of persons in pastoral house business) Section 204(2), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 157 Amendment of s 209 (Licensee to be in charge of auctioneer's business at a place) Section 209(2), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Page 96 Clause 158 Clause 159 Clause 160 Clause 161 Directors' Liability Reform Amendment Bill 2013 Part 52 Amendment of Property Agents and Motor Dealers Act 2000 [s 158] Amendment of s 267 (Licensee or salesperson to be in charge of a property developer's business at a place) Section 267(2), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Amendment of s 278 (Employment of persons in property developer's business) Section 278(3), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Amendment of s 283 (Licensee to be in charge of motor dealer's business at a place) Section 283(2), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Amendment of s 338 (Employment of persons in motor dealer business) Section 338(3), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Page 97 Directors' Liability Reform Amendment Bill 2013 Part 52 Amendment of Property Agents and Motor Dealers Act 2000 [s 162] Clause 162 Amendment of s 343 (Licensee to be in charge of commercial agent's business at a place) Section 343(2), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 163 Amendment of s 358 (Employment of persons in commercial agent's business) Section 358(3), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 164 Amendment of s 420 (How receivers are appointed) Section 420(5), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Clause 165 Amendment of s 475 (Corporation to give notices in relation to claim) Section 475(2) and (5), penalty, paragraph (a), from 'guilty' to "section 591'— omit, insert— 'guilty under section 591 or the Criminal Code, chapter 2, of an offence'. Page 98 Clause Clause Clauge Directors' Liability Reform Amendment Bill 2013 Part 53 Amendment of Prostitution Act 1999 [s 166] 166 Replacement of s 591 (Executive officers must ensure corporation complies with Act) Section 591— omit, insert— '591 Executive officer may be taken to have committed offence xe) (2) "3) Part 53 If a corporation commits an offence against a provision of this Act, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the corporation for the offence; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence.'. Amendment of Prostitution Act 167 Act amended This part amends the Prostitution Act 1999. 168 Omission of s 99 (Offences by bodies corporate) Section 99— Page 99 Directors' Liability Reform Amendment Bill 2013 Part 54 Amendment of Public Health Act 2005 [s 169] | omit. Part 54 Amendment of Public Health Act 2005 Clause 169 Act amended This part amends the Public Health Act 2005. Note— See also the amendments in schedule 1. Clause 170 Replacement of s 448 (Executive officers must ensure corporation complies with Act) Section 448— omit, insert— '448 Liability of executive officer—particular offences committed by corporation '(1) An executive officer of a corporation commits an offence if— (a) _ the corporation commits an offence against an executive liability provision; and (b) _ the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. '(2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the | offence against the executive liability provision; and Page 100 Directors' Liability Reform Amendment Bill 2013 Part 55 Amendment of Public Health (Infection Control for Personal Appearance Services) Act 2003 [s 171] (b) whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and (c) any other relevant matter. '(3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted | of, the offence against the executive liability provision. '(4) This section does not affect— (a) _ the liability of the corporation for the offence against the executive liability provision; or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision. '(5) In this section— | executive liability provision means either of the following provisions— ° section 57E | ° section 57F(2).'. Part 55 Amendment of Public Health (Infection Control for Personal Appearance Services) Act 2003 Clause 171 Act amended This part amends the Public Health (Infection Control for Personal Appearance Services) Act 2003. Note— See also the amendments in schedule 1. Page 101 Clause Directors' Liability Reform Amendment Bill 2013 Part 55 Amendment of Public Health (Infection Control for Personal Appearance Services) Act 2003 [s 172] 172 Replacement of s 142 (Executive officers must ensure corporation complies with Act) Section 142— omit, insert— '142 Liability of executive officer—particular offences committed by corporation '(1) An executive officer of a corporation commits an offence if— (2) "3) (4) Page 102 (a) (b) the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) (c) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect— (a) (b) the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer Clause Clau Directors' Liability Reform Amendment Bill 2013 Part 56 Amendment of Queensland Building Services Authority Act 1991 [s 173] of the corporation, for the offence against the executive liability provision. '(5) In this section— executive liability provision means any of the following provisions— ° section 19(1) ° section 19(2).'. Part 56 Amendment of Queensland Building Services Authority Act Act amended This part amends the Queensland Building Services Authority Act 199]. Note— See also the amendments in schedule 1. Replacement of s 111B (Executive officers must ensure company complies with Act) Section 111B— omit, insert— '111B Liability of executive officer—particular offences committed by company '1)_ An executive officer of a company commits an offence if— (a) the company commits an offence against an executive liability provision; and Page 103 Directors' Liability Reform Amendment Bill 2013 Part 56 Amendment of Queensland Building Services Authority Act 1991 [s 175] (2) "3) (4) "(5) Page 104 (b) _ the officer did not take all reasonable steps to ensure the company did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) whether the officer knew, or ought reasonably to have known, of the company's conduct constituting the offence against the executive liability provision; and (b) whether the officer was in a position to influence the company's conduct in relation to the offence against the executive liability provision; and (c) any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the company has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect— (a) _ the liability of the company for the offence against the executive liability provision; or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the company, for the company's offence against the executive liability provision. In this section— executive liability provision means either of the following provisions— ° section 42(9) ° section 42D.'. Clause Clause Part 57 Directors' Liability Reform Amendment Bill 2013 Part 57 Amendment of Queensland Heritage Act 1992 [s 176] Amendment of Queensland Heritage Act 1992 176 Act amended This part amends the Queensland Heritage Act 1992. Note— See also the amendments in schedule 1. 177 Replacement of s 160 (Executive officers must ensure corporation complies with Act) Section 160— omit, insert— '160 Liability of executive officer—offence committed by corporation against s 155 '(1) An executive officer of a corporation commits an offence if— (2) (a) (b) the corporation commits an offence against section 155; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 155 by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) (b) (c) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against section 155; and whether the officer was in a position to influence the corporation's conduct in relation to the offence against section 155; and any other relevant matter. Page 105 Directors' Liability Reform Amendment Bill 2013 Part 57 Amendment of Queensland Heritage Act 1992 [s 177] "3) (4) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 155. This section does not affect— (a) the liability of the corporation for the offence against section 155; or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 155.'. '160A Executive officer may be taken to have committed offence xe) (2) "3) (4) Page 106 If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. In this section— deemed executive liability provision means any of the following provisions— Clause 178 Directors' Liability Reform Amendment Bill 2013 Part 58 Amendment of Racing Act 2002 [s 178] ° section 87(6) ° section 104(1) ° section 169(2) ° section 170(5).'. Amendment of schedule (Dictionary) Part 58 Schedule— insert— 'executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.' Amendment of Racing Act 2002 Act amended Clause 179 Clauge 180 This part amends the Racing Act 2002. Omission of s 339 (Executive officers must ensure corporation complies with Act) Section 339— omit. Page 107 Directors' Liability Reform Amendment Bill 2013 Part 59 Amendment of Radiation Safety Act 1999 [s 181] Part 59 Amendment of Radiation Safety Act 1999 Clause 181 Act amended This part amends the Radiation Safety Act 1999. Note— See also the amendments in schedule 1. Clause 182 Replacement of s 205 (Executive officers must ensure corporation complies with Act) Section 205— omit, insert— '205 Liability of executive officer—particular offences committed by corporation '(1) An executive officer of a corporation commits an offence if— (a) _ the corporation commits an offence against an executive liability provision; and (b) _ the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. '(2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and (b) whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and (c) any other relevant matter. Page 108 "3) (4) "(5) Directors' Liability Reform Amendment Bill 2013 Part 59 Amendment of Radiation Safety Act 1999 [s 182] The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect any of the following— (a) _ the liability of the corporation for the offence against the executive liability provision; (b) the liability, under section 205A, of the executive officers for the corporation's offence against the executive liability provision; Note for paragraph (b)— Section 205A concerns an offence against section 25, 26(1) or 27A(1) to the extent the offence relates to a radiation source other than a security enhanced source. (c) _ the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision. In this section— executive liability provision means any of the following provisions, to the extent that the conduct constituting the offence relates to a security enhanced source— ° section 25 ° section 26(1) ° section 27A(1). '205A Executive officer may be taken to have committed offence xe) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or Page 109 Directors' Liability Reform Amendment Bill 2013 Part 60 Residential Services (Accreditation) Act 2002 [s 183] | "(2) "(3) *(4) Part 60 (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. In this section— deemed executive liability provision means any of the following provisions, to the extent that the conduct constituting the offence relates to a radiation source other than a security enhanced source— ° section 25 ° section 26(1) ° section 27A(1).'. Residential Services (Accreditation) Act 2002 Clause 183 Act amended Page 110 This part amends the Residential Services (Accreditation) Act 2002. Note— See also the amendments in schedule 1. Clause 184 Directors' Liability Reform Amendment Bill 2013 Part 60 Residential Services (Accreditation) Act 2002 [s 184] Replacement of s 172 (Executive officers must ensure corporation complies with Act) Section 172— omit, insert— Liability of executive officer—particular offences committed by corporation '(1) An executive officer of a corporation commits an offence if— (2) "3) (4) (a) (b) the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) (c) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect— (a) (b) the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer Page 111 Directors' Liability Reform Amendment Bill 2013 Part 61 Amendment of Residential Tenancies and Rooming Accommodation Act 2008 [s 185] of the corporation, for the offence against the executive liability provision. '(5) In this section— executive liability provision means any of the following provisions— ° section 75 ° section 76(2) | ° section 76(4).'. Part 61 Amendment of Residential Tenancies and Rooming Accommodation Act 2008 Clause 185 Act amended This part amends the Residential Tenancies and Rooming Accommodation Act 2008. Clau 186 Omission of s 513 (Executive officers must ensure corporation complies with Act) Section 513— | omit. Part 62 Amendment of Retirement Villages Act 1999 Clause 187 Act amended This part amends the Retirement Villages Act 1999. Page 112 Clauge Clause Clauge Clause Directors' Liability Reform Amendment Bill 2013 Part 63 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 188] 188 Omission of s 225 (Executive officers must ensure corporation complies with Act) Section 225— omit. Part 63 Amendment of Second-hand Dealers and Pawnbrokers Act189 Act amended This part amends the Second-hand Dealers and Pawnbrokers Act 2003. 190 Omission of s 112 (Executive officers must ensure corporation complies with Act) Section 112— omit. Part 64 Amendment of Strategic Cropping Land Act 2011 191 Act amended This part amends the Strategic Cropping Land Act 2011. Note— See also the amendments in schedule 1. Page 113 Clause Directors' Liability Reform Amendment Bill 2013 Part 64 Amendment of Strategic Cropping Land Act 2011 [s 192] 192 Replacement of s 250 (Executive officers must ensure corporation does not commit SCL offences) Section 250— omit, insert— '250 Liability of executive officer—particular offences committed by corporation xe) (2) "3) (4) Page 114 An executive officer of a corporation commits an offence if— (a) _ the corporation commits an offence against an executive liability provision; and (b) _ the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and (b) whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and (c) any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect— (a) _ the liability of the corporation for the offence against the executive liability provision; or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer "(5) Directors' Liability Reform Amendment Bill 2013 Part 64 Amendment of Strategic Cropping Land Act 2011 [s 192] of the corporation, for the offence against the executive liability provision. In this section— executive liability provision means any of the following provisions— ° section 76(1) ° section 76(2) ° section 77(1) ° section 77(2). '250A Executive officer may be taken to have committed offence xe) (2) "3) (4) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. In this section— Page 115 Directors' Liability Reform Amendment Bill 2013 Part 65 Amendment of Surveyors Act 2003 [s 193] deemed executive liability provision means any of the following provisions— ° section 144(1) ° section 144(2) ° section 159(1) ° section 159(2) ° section 162(1) ° section 202(1) ° section 209 ° section 210(1) ° section 210(2) ° section 220(1) ° section 222(1) ° section 223(1) ° section 225(1) ° section 229(1) ° section 230(1).'. Part 65 Amendment of Surveyors Act Clause 193 Act amended This part amends the Surveyors Act 2003. Clause 194 Omission of s 185 (Executive officers must ensure corporation complies with Act) Section 185— Page 116 Directors' Liability Reform Amendment Bill 2013 Part 66 Amendment of Taxation Administration Act 2001 [s 195] | omit. Part 66 Amendment of Taxation Administration Act 2001 Clause 195 Act amended This part amends the Taxation Administration Act 2001. Note— See also the amendments in schedule 1. Clause 196 Replacement of s 140 (Executive officers must ensure corporation complies with tax laws) Section 140— omit, insert— '140 Liability of executive officer—particular offences committed by corporation '(1) An executive officer of a corporation commits an offence if— (a) _ the corporation commits an offence against an executive liability provision; and (b) _ the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. '(2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) whether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and Page 117 Directors' Liability Reform Amendment Bill 2013 Part 66 Amendment of Taxation Administration Act 2001 [s 196] "3) (4) "(5) Page 118 (b) whether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and (c) any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect either— (a) _ the liability of the corporation for the offence against the executive liability provision; or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision. In this section— executive liability provision means any of the following provisions— ° section 112(1) ° section 119(1) ° section 122(1) ° section 123(1) ° the Duties Act 2001, section 471G(1) ° the Duties Act 2001, section 471H(1) ° the Duties Act 2001, section 480(1) ° the Duties Act 2001, section 480(2) ° the Duties Act 2001, section 481 ° the Duties Act 2001, section 481A(2) ° the Payroll Tax Act 1971, section 93.'. Clause Clauge Clause Clauge Directors' Liability Reform Amendment Bill 2013 Part 67 Amendment of Tobacco and Other Smoking Products Act 1998 [s 197] Part 67 Amendment of Tobacco and Other Smoking Products Act197 Act amended This part amends the Tobacco and Other Smoking Products Act 1998. 198 Omission of s 51B (Executive officers must ensure corporation complies with Act) Section 51B— omit. Part 68 Amendment of Tourism Services Act 2003 199 Act amended This part amends the Tourism Services Act 2003. 200 Omission of s 89 (Executive officers must ensure corporation complies with Act) Section 89— omit. Page 119 Clause Clau Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 69 Amendment of Tow Truck Act 1973 [s 201] Part 69 Amendment of Tow Truck Act 201 Act amended This part amends the Tow Truck Act 1973. 202 Omission of s 41 (Offences by corporation) Section 41— omit. Part 70 Amendment of Trading (Allowable Hours) Act 1990 203. Act amended This part amends the Trading (Allowable Hours) Act 1990. 204 Amendment of s 44 (Parties to offences) (1) Sections 44(3) and (5)— omit. (2) Section 44(4)— renumber as section 44(3). Page 120 Claus¢ Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 71 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 206] Part 71 Amendment of Transport Operations (Marine Pollution) Act 1995 Act amended This part amends the Transport Operations (Marine Pollution) Act 1995. Note— See also the amendments in schedule 1. Replacement of s 121 (Executive officers must ensure corporation complies with Act) Section 121— omit, insert— Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer Page 121 Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 72 Amendment of Transport Operations (Road Use Management) Act 1995 [s 208] of the corporation, for the offence against the deemed executive liability provision. '(4) In this section— deemed executive liability provision means any of the following provisions— ° section 30(1) ° section 38(1) ° section 38A(1) ° section 51(2) ° section 51(3) ° section 55A(2) ° section 67A(2) ° section 127(5).'. Part 72 Amendment of Transport Operations (Road Use Management) Act 1995 208 Act amended This part amends the Transport Operations (Road Use Management) Act 1995. Note— See also the amendments in schedule 1. 209 Replacement of s 57 (Executive officers must ensure corporation complies with transport Act) Section 57— omit, insert— Page 122 Directors' Liability Reform Amendment Bill 2013 Part 72 Amendment of Transport Operations (Road Use Management) Act 1995 [s 209] | '57 Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive | liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. '(4) In this section— deemed executive liability provision means any of the following provisions— ° section 153A(1) ° section 154(3) ° section 154(4) ° section 154(6) ° section 156(2) ° section 160(3) ° section 161Q.'. Page 123 Clause Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 73 Amendment of Transport (Rail Safety) Act 2010 [s 210] Part 73 Amendment of Transport (Rail Safety) Act 2010 210 Act amended This part amends the Transport (Rail Safety) Act 2010. 211 Omission of s 255 (Executive officers must ensure corporation complies with Act) Section 255— omit. 212 Amendment of s 277 (Meaning of rail safety undertaking) Section 277(a)— omit, insert— '(a) recognises that the chief executive alleges (the alleged contravention for the undertaking) that the identified person has contravened a provision of part 3; and'. Part 73A Amendment of Transport Security (Counter-Terrorism) Act 2008 212A Act amended This part amends the Transport Security (Counter-Terrorism) Act 2008. 212B Omission of ch 7, pt 1, hdg Chapter 7, part 1, heading— Page 124 Directors' Liability Reform Amendment Bill 2013 Part 74 Amendment of Travel Agents Act 1988 [s 212C] omit. 212C Omission of ch 7, pt 2, hdg Chapter 7, part 2, heading— omit. 212D Omission of s 55 (Executive officers must ensure a corporation complies with this Act) Section 55— omit. Part 74 Amendment of Travel Agents Act 1988 Clause 213 Act amended This part amends the Travel Agents Act 1988. Clauge 214 Omission of s 52 (Offences by corporations) Section 52— | omit. Page 125 Directors' Liability Reform Amendment Bill 2013 Part 75 Amendment of Vocational Education, Training and Employment Act 2000 [s 215] Part 75 Amendment of Vocational Education, Training and Employment Act 2000 Clause 215 Act amended This part amends the Vocational Education, Training and Employment Act 2000. Clause 216 Omission of s 280 (Executive officers must ensure corporation complies with prescribed provision) Section 280— omit. Part 76 Amendment of Wagering Act Clause 217 Act amended This part amends the Wagering Act 1998. Note— See also the amendments in schedule 1. Clause 218 Replacement of s 289 (Executive officers must ensure corporation complies with Act) Section 289— omit, insert— Page 126 Directors' Liability Reform Amendment Bill 2013 Part 77 Amendment of Waste Reduction and Recycling Act 2011 [s 219] '289 Executive officer may be taken to have committed offence against s 172(1) xe) (2) "3) Part 77 If a corporation commits an offence against section 172(1), each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against section 172(1) whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) the liability of the corporation for the offence against section 172(1); (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 172(1),'. Amendment of Waste Reduction and Recycling Act Clause 219 Act amended This part amends the Waste Reduction and Recycling Act 2011. Note— See also the amendments in schedule 1. Page 127 Clause Directors' Liability Reform Amendment Bill 2013 Part 77 Amendment of Waste Reduction and Recycling Act 2011 [s 220] 220 Replacement of s 268 (Executive officers must ensure corporation complies with Act) Section 268— omit, insert— '268 Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed (2) "3) (4) Page 128 executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. In this section— deemed executive liability provision means either of the following provisions— ° section 104(1) ° section 167.'. Directors' Liability Reform Amendment Bill 2013 Part 78 Amendment of Water Act 2000 [s 221] Part 78 Amendment of Water Act 2000 Clause 221 Act amended This part amends the Water Act 2000. Note— See also the amendments in schedule 1. Clause 222 Replacement of s 828 (Executive officers must ensure corporation complies with Act) Section 828— omit, insert— | '828 Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive | liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. '(4) In this section— Page 129 Directors' Liability Reform Amendment Bill 2013 Part 79 Amendment of Water Fluoridation Act 2008 [s 223] deemed executive liability provision means any of the following provisions— ° section 22(7) ° section 23(5) ° section 452 ° section 460(3) ° section 808(1) ° section 808(2) ° section 808(3).'. Part 79 Amendment of Water Fluoridation Act 2008 Clause 223 Act amended This part amends the Water Fluoridation Act 2008. Clauge 224 Omission of s 91 (Executive officers must ensure corporation complies with Act) Section 91— | omit. Page 130 Clause Clause Directors' Liability Reform Amendment Bill 2013 Part 80 Amendment of Water Supply (Safety and Reliability) Act 2008 Part 80 [s 225] Amendment of Water Supply (Safety and Reliability) Act 2008 225 Act amended This part amends the Water Supply (Safety and Reliability) Act 2008. Note— See also the amendments in schedule 1. 226 Replacement of s 487 (Executive officers must ensure corporation complies with Act) Section omit, in '487 Liability of committed 487— sert— executive officer—particular offences by corporation '(1) An executive officer of a corporation commits an offence if— (a) _ the corporation commits an offence against an executive liability provision; and (b) _ the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual. '(2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to— (a) w (b) w hether the officer knew, or ought reasonably to have known, of the corporation's conduct constituting the offence against the executive liability provision; and hether the officer was in a position to influence the corporation's conduct in relation to the offence against the executive liability provision; and Page 131 Directors' Liability Reform Amendment Bill 2013 Part 80 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 226] "3) (4) "(5) Page 132 (c) any other relevant matter. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision. This section does not affect— (a) _ the liability of the corporation for the offence against the executive liability provision; or (b) _ the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision. In this section— executive liability provision means any of the following provisions— ° section 92 ° section 190 ° section 196(1) ° section 196(2) ° section 343(1) ° section 343(2) ° section 343(3) ° section 343(4) ° section 344(1) ° section 344(2) ° section 345(2) ° section 351(4) ° section 352(4). Directors' Liability Reform Amendment Bill 2013 Part 80 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 226] '487A Executive officer may be taken to have committed offence '(1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation's conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation's conduct. '(2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive | liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence. '(3) This section does not affect either of the following— (a) _ the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision. '(4) In this section— deemed executive liability provision means any of the following provisions— ° section 93 ° section 102(2) ° section 102(3) ° section 197(1) ° section 197(2) ° section 197(3) ° section 198(2) ° section 270(2) ° section 270(4) Page 133 Directors' Liability Reform Amendment Bill 2013 Part 81 Amendment of Weapons Act 1990 [s 227] ° section 271(2) ° section 271(4).'. Part 81 Amendment of Weapons Act Clause 227 Act amended This part amends the Weapons Act 1990. Clauge 228 Omission of s 162 (Person other than offender liable to penalties) Section 162— omit. Part 81A Amendment of Crime and Misconduct Act 2001 228A Act amended This part amends the Crime And Misconduct Act 2001. 228B Amendment of s 269 (Delegation—Commission) (1) Section 269(2), table— insert— 'section 346B (Declarations etc. relating chairperson or assistant to inquiry public records) commissioner'. (2) Section 269— Page 134 (4) Directors' Liability Reform Amendment Bill 2013 Part 81A Amendment of Crime and Misconduct Act 2001 [s 228C] insert— Further, the commission's powers under the Public Records Act 2002 as the responsible public authority for a public record may only be delegated to the chairperson or an assistant commissioner. Example— See the Public Records Act 2002, section 19.'. 228C Amendment of s 346A (Protection of particular documents) (1) Section 346A(2) ', on or before 8 November 2013'— omit. (2) Section 346A(3)— insert— '(d) by a person for returning to the commission or the archivist, or for making enquiries of the commission or archivist about the return of, the document in the person's possession; or (e) by a person for making enquiries of the commission or the archivist about whether there is a restricted access period for the document; or (f) by a commission officer or the archivist for providing advice or help to a person mentioned in paragraph (d) or (e).'. (3) Section 346A— insert— '(3A) Subsection (2) ceases to apply to the person in relation to the disclosed document if the restricted access period for the document ends.'. (4) Section 346A(4)— insert— Page 135 Directors' Liability Reform Amendment Bill 2013 Part 81A Amendment of Crime and Misconduct Act 2001 [s 228D] 'restricted access period, for a disclosed document, means the restricted access period for the disclosed document worked out under section 346B and the Public Records Act 2002. Note— Under section 346B(4), a restricted access period is applied to particular public records (including disclosed documents) and the new restricted access period as applied by that subsection may be changed under section 346B(5) or the Public Records Act 2002, section 19.'. 228D Insertion of new s 346B After section 346A— insert— *346B Declarations etc. relating to inquiry public records '(1)_ The main purposes of this section are— (2) Page 136 (a) (b) to make declarations about the lawfulness and validity of actions taken before 9 November 2013 under or purportedly under this Act and the Public Records Act 2002 in relation to inquiry public records and the application of restricted access periods to those records (including changes to the periods); and to apply a new restricted access period to all inquiry public records given to the archives before 9 November 2013; and to provide for changes to be made under this section to the restricted access period for an inquiry public record mentioned in paragraph (b) in a way that does not limit the application of the Public Records Act 2002. It is declared that an inquiry public record given to the archives before 9 November 2013 by the commission or purportedly by the commission— (a) was and continues to be a public record lawfully given to the archives despite anything to the contrary in this Act, including, for example, sections 62 and 375; and "3) (4) "(5) (6) 7) (8) Directors' Liability Reform Amendment Bill 2013 Part 81A Amendment of Crime and Misconduct Act 2001 [s 228D] (b) was and continues to be validly given to the archives by the commission as the responsible public authority for that public record under the Public Records Act 2002. It is also declared that a restricted access period for an inquiry public record that applied, or purportedly applied, under the Public Records Act 2002 before 9 November 2013, because of an action by the commission or purportedly by the commission, was validly applied under that Act as the restricted access period for the inquiry public record. Despite subsection (3), for each inquiry public record mentioned in subsection (2) a new restricted access period of 65 years after the day of the last action on the record, by this subsection, applies to the public record. The commission may, by written notice given to the archivist, change the restricted access period for an inquiry public record as applied under subsection (4) or as changed by a notice previously given under this subsection. For the Public Records Act 2002, part 2, division 3— (a) _ the restricted access period for an inquiry public record as applied under subsection (4) is taken to be the restricted access period under that Act for the record; and (b) a notice given under subsection (5) for an inquiry public record is taken to be a restricted access notice given under section 19 of that Act for that record. Except as otherwise provided, this section does not limit the application of the Public Records Act 2002 in relation to an inquiry public record or the restricted access period for an inquiry public record, including, for example, the application of any provision in part 2, division 3 of that Act. Note for subsection (7)— Nothing in this section prevents a notice being given under the Public Records Act 2002, section 19, to change the restricted access period applied under subsection (4), or changed under subsection (5), for an inquiry public record. This section applies despite — Page 137 Directors' Liability Reform Amendment Bill 2013 Part 81A Amendment of Crime and Misconduct Act 2001 [s 228D] (9) Page 138 (a) anything to the contrary in this Act or the Public Records Act 2002; or (b) anything done or omitted to be done before 9 November 2013 under, or purportedly done under, this Act or the Public Records Act 2002 in relation to an inquiry public record. In this section— archives see the Public Records Act 2002, schedule 2. archivist see section 346A(4). disclosed document see section 346A(4). given to, in relation to an inquiry public record, includes made available for inspection by. inquiry section 346A(4). inquiry public record means either of the following whether or not it is also a disclosed document— (a) adocument relating to the inquiry; (b) adocument, to the extent it relates to the inquiry, created by the archivist or the commission for the purpose of helping a person access a document mentioned in paragraph (a). public record means a public record under the Public Records Act 2002. responsible public authority, for a public record, means a responsible public authority for a public record under the Public Records Act 2002. restricted access period, for an inquiry public record, means— (a) in relation to the period before 9 November 2013—the restricted access period for the inquiry public record under or purportedly under the Public Records Act 2002, that is declared under subsection (3) to have validly been applied to the record, including a period as changed under that Act; or Directors' Liability Reform Amendment Bill 2013 Part 81A Amendment of Crime and Misconduct Act 2001 [s 228E] (b) otherwise—the new restricted access period for the inquiry public record applied under subsection (4) or that period as changed under— (i) subsection (5); or (ii) the Public Records Act 2002, section 19.'. 228E_ Insertion of new ch 8, pt 9 After section 392— insert— 'Part 9 Directors' Liability Reform Amendment Act 2013 '393 Provision relating to s 346A 'It is declared that section 346A(2) as in force before the commencement of this section did not, and does not, apply to the copying, use, disclosure or giving access by a person as mentioned in section 346A(3)(d), (e) or (f). '394 Provision relating to s 375 '(1)_ It is declared that section 375 did not, and does not, limit the operation of, or anything done under, the Public Records Act 2002 in relation to inquiry public records. '(2) For subsection (1), section 375 is subject to an authorisation mentioned in section 62(1) relating to inquiry public records. '(3) In this section— inquiry public records see section 346B.'. Page 139 Directors' Liability Reform Amendment Bill 2013 Part 82 Minor and consequential amendments [s 229] Part 82 Minor and consequential amendments Clause 229 Acts amended Schedule | amends the Acts it mentions. Page 140 Directors' Liability Reform Amendment Bill 2013 Schedule 1 Schedule 1 Minor and consequential amendments section 229 Animal Care and Protection Act 2001 1 Sections 17(2), 18(1), 51(1), 91 and 92— insert— "Note— This provision is an executive liability provision—see section 209.'. 2 Sections 15(3), 19(1) and (2), 21(1), 30, 31, 32, 35, 36(1) and (2), 37(1), 161 and 187— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A, to have also committed the offence.'. Biodiscovery Act 2004 1 Sections 29(1) and (3), 32(1), 50(1), 51, 52(1) and 53(1)— insert— "Note— This provision is an executive liability provision—see section 115.'. Page 141 Directors' Liability Reform Amendment Bill 2013 Schedule 1 Building Act 1975 1 Sections 114A(2), 115(1), 231AL(6), 232(1), 245B(4) and 245L— insert— 'Note— This provision is an executive liability provision—see section 257.'. Casino Control Act 1982 1 Section 108(1)— insert— "Note— If a body corporate commits an offence against this provision, an executive officer of the body corporate may be taken, under section 123, to have also committed the offence.'. Charitable and Non-Profit Gaming Act 1999 1 Section 20— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 170, to have also committed the offence.'. Page 142 Directors' Liability Reform Amendment Bill 2013 Schedule 1 Child Employment Act 2006 1 Sections 8A(1), 8B(1), 8C(1), 9(1), (2), (3) and (4), 10(1), 11(1), 12(7) and 13(10)— insert— "Note— This provision is an executive liability provision—see section 33.'. Criminal Law (Sexual Offences) Act 1978 1 Sections 6(3) and (4), 7(3) and (4) and 10(1)— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 12, to have also committed the offence.'. Duties Act 2001 1 Sections 471G(1), 471H(1), 480(1) and (2), 481 and 481 A(2)— insert— "Note— This provision is an executive liability provision under the Taxation Administration Act 2001, section 140.'. Page 143 Directors' Liability Reform Amendment Bill 2013 Schedule 1 Education and Care Services Act 2013 1 Sections 19 and 53(1)— insert— "Note— This provision is an executive liability provision—see section 232.'. 2 Sections 53(2), 121 and 122— insert— "Note— If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 233, to have also committed the offence.'. Education (Queensland College of Teachers) Act 2005 1 Sections 76(2), 77(2), 78(2) and 82(1) and (2)— insert— "Note— If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 228, to have also committed the offence.'. Electricity Act 1994 1 Sections 87(1), 88(1), 88A(1) and 89(1)— insert— Page 144 Directors' Liability Reform Amendment Bill 2013 Schedule 1 '"Note— If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A, to have also committed the offence.'. Explosives Act 1999 1 Section 32(1)— insert— "Note— If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 117, to have also committed the offence.'. Fire and Rescue Service Act 1990 1 Sections 69(3), 104C and 104D(1)— insert— "Note— This provision is an executive liability provision—see section 151.'. Food Act 2006 1 Sections 32, 33, 34(1) and (2), 35(1) and (2), 36(1) and (2), 37(1), (2) and (3), 38(1) and (2), 39(1), (2), (3) and (4), 49, 99(1), 123, 271B(2), 271C(2) and 271D(6)— insert— Page 145 Directors' Liability Reform Amendment Bill 2013 Schedule 1 "Note— This provision is an executive liability provision—see section 260.'. 2 Sections 50(1), 51(1), 86(1) and (2), 114(5), 124, 125, 126, 157(1), 158(2), 207, 209(7), 214(1), 221, 270(2) and 271(6)— insert— "Note— If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 260A, to have also committed the offence.'. Gaming Machine Act 1991 1 Section 325— insert— "Note— If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 352, to have also committed the offence.'. Geothermal Energy Act 2010 1 Section 327, note— omit, insert— "Note— 1 Other legislation may regulate geothermal production that is not of a large-scale and activities relating to geothermal heat pumps. See the Sustainable Planning Act 2009 and the Plumbing and Drainage Act 2002. Page 146 Directors' Liability Reform Amendment Bill 2013 Schedule 1 '2 If a corporation commits an offence against this provision, an executive officer of the corporation may commit an offence against section 333.'. 2 rere 198, 200(1), 242(5), 329, 330, 331(1) and 332(1) and (2)— insert— "Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A, to have also committed the offence.'. Greenhouse Gas Storage Act 2009 1 Section 386(1)— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may commit an offence against section 393.'. 2 Sections 264, 334(3) and 392(1) and (2)— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 393A, to have also committed the offence.'. Page 147 Directors' Liability Reform Amendment Bill 2013 Schedule 1 Interactive Gambling (Player Protection) Act 1998 1 Section 119(1)— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 247, to have also committed the offence.'. Invasion of Privacy Act 1971 1 Sections 43(1) and (5), 44(1), 45(1) and 46(4)— insert— "Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 49A, to have also committed the offence.'. Justices Act 1886 1 Section 102F(1)— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 102FA, to have also committed the offence.'. Page 148 Directors' Liability Reform Amendment Bill 2013 Schedule 1 Keno Act 1996 1 Section 116(1)— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 226, to have also committed the offence.'. Land Act 1994 1 Section 214D(1)— insert— "Note— This provision is an executive liability provision—see section 431J.'. Lotteries Act 1997 1 Section 99(1)— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 212, to have also committed the offence.'. Page 149 Directors' Liability Reform Amendment Bill 2013 Schedule 1 Mineral Resources Act 1989 1 Sections 334C(1), 402(1), 403(1) and 404D(1)— insert— "Note— This provision is an executive liability provision—see section 412A.'. 2 Sections 20(5), 335C(1), 404, 404D(1), schedule 1, part 2, division 1, section 5(1), (2) and (3) and schedule 1, part 2, division 2, section 10(1)— insert— "Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 412B, to have also committed the offence.'. Nuclear Facilities Prohibition Act 2007 1 Sections 7(1) and 13(4)— insert— "Note— This provision is an executive liability provision—see section 22.'. Offshore Minerals Act 1998 1 Section 38, note— omit, insert— Page 150 Directors' Liability Reform Amendment Bill 2013 Schedule 1 "Note— 1 A works licence may be necessary because exploration includes activities that are directly related to exploration (see section 23(1)) and recovery includes activities that are directly related to recovery (see section 24(1)). 2 This provision is an executive liability provision—see section 443, 2 Sections 44, 123, 183, 259, 308, 385(1) and (2), 391(1) and 404(3)— insert— "Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A, to have also committed the offence.'. Payroll Tax Act 1971 1 Section 93— insert— "Note— This provision is an executive liability provision under the Taxation Administration Act 2001, section 140.'. Pest Management Act 2001 1 Sections 50(1) and 51(2)— insert— "Note— This provision is an executive liability provision—see section 122.'. Page 151 Directors' Liability Reform Amendment Bill 2013 Schedule 1 Petroleum and Gas (Production and Safety) Act 2004 1 Sections 617C(1), 696(2) and (3), 733(1), 800(1) and 813(1) and (2)— insert— "Note— This provision is an executive liability provision—see section 814.'. 2 Sections 175C(1) and (3), 175H(2) and (3), 198, 207, 228(1), 281(1), 282, 283, 292(2), 495(1), (2) and (3), 500(1), 559(1), 560(3), 621(2), 626(1), 628(1), 639(1), 640, 642(1), 643(3), 646(4), 648(1) and (2), 649, 697(1), (2) and (3), 698, 708A(1), 721(1) and (2), 727(1) and (4), 729, 733(2), 733A, 734(1) and (3), 766, 782(1), 785, 802(1), 803, 804, 805(1), 806(1), 807(2), 808, 809, 810 and 813(1) and (2)— insert— "Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 814A, to have also committed the offence.'. Pharmacy Business Ownership Act 2001 1 Sections 139B(b) and 139H(3), (4) and (5)— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 197, to have also committed the offence.'. Page 152 Directors' Liability Reform Amendment Bill 2013 Schedule 1 Private Health Facilities Act 1999 1 Section 39— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 143, to have also committed the offence.'. Public Health Act 2005 1 Sections 57E and 57F(2)— insert— 'Note— This provision is an executive liability provision—see section 448.'. Public Health (Infection Control for Personal Appearance Services) Act 2003 1 Sections 19(1) and (2)— insert— "Note— This provision is an executive liability provision—see section 142.'. Page 153 Directors' Liability Reform Amendment Bill 2013 Schedule 1 Queensland Building Services Authority Act 1991 1 Sections 42(9) and 42D— insert— "Note— This provision is an executive liability provision—see section 111B.'. Queensland Heritage Act 1992 1 Section 155— insert— "Note— If a corporation commits an offence against this section, an executive officer of the corporation may commit an offence against section 160.'. 2 Sections 87(6), 104(1), 169(2) and 170(5)— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 160A, to have also committed the offence.'. Radiation Safety Act 1999 1 Sections 25, 26(1) and 27A(1)— insert— Page 154 Directors' Liability Reform Amendment Bill 2013 Schedule 1 '"Note— If a corporation commits an offence against this provision, an executive officer of the corporation may also be subject to personal criminal liability—see sections 205 and 205A.'. Residential Services (Accreditation) Act 2002 1 Sections 75 and 76(2) and (4)— insert— "Note— This provision is an executive liability provision—see section 172.'. Strategic Cropping Land Act 2011 1 Sections 76(1) and (2) and 77(1) and (2)— insert— "Note— This provision is an executive liability provision—see section 250.'. 2 Section 76(3), notes— omit, insert— "Note— For the effect of subsection (2), see section 262.'. 3 Sections 144(1) and (2), 159(1) and (2), 162(1), 202(1), 209, 21 o(1) and (2), 220(1), 222(1), 223(1), 225(1), 229(1) and insert— Page 155 Directors' Liability Reform Amendment Bill 2013 Schedule 1 "Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 250A, to have also committed the offence.'. Taxation Administration Act 2001 1 Sections 112(1), 119(1), 122(1) and 123(1)— insert— "Note— This provision is an executive liability provision—see section 140.'. Transport Operations (Marine Pollution) Act 1995 1 Sections 30(1), 38(1), 38A(1), 51(2) and (3), 55A(2), 67A(2) and 127(5)— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 121, to have also committed the offence.'. Transport Operations (Road Use Management) Act 1 Sections 153A(1), 154(3), (4) and (6), 156(2), 160(3) and 161Q— insert— Page 156 Directors' Liability Reform Amendment Bill 2013 Schedule 1 '"Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 57, to have also committed the offence.'. Wagering Act 1998 1 Section 172(1)— insert— "Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 289, to have also committed the offence.'. Waste Reduction and Recycling Act 2011 1 Sections 104(1) and 167— insert— 'Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 268, to have also committed the offence.'. Water Act 2000 1 Sections 22(7), 23(5), 452, 460(3) and 808(1), (2) and (3)— insert— Page 157 Directors' Liability Reform Amendment Bill 2013 Schedule 1 '"Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828, to have also committed the offence.'. Water Supply (Safety and Reliability) Act 2008 1 Sections 92, 190, 196(1) and (2), 343(1), (2), (3) and (4), 344(1) and (2), 345(2), 351(4) and 352(4)— insert— "Note— This provision is an executive liability provision—see section 487.'. 2 Sections 93, 102(2) and (3), 197(1), (2) and (3), 198(2), 270(2) and (4) and 271(2) and (4)— insert— "Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.'. © State of Queensland 2012 Authorised by the Parliamentary Counsel and printed by the government printer Page 158