Directors’ Liability Reform Act 2023
Directors’ Liability Reform Act 2023
Western Australia
Directors’ Liability Reform Act 2023
Contents
Part 1 — Preliminary
1.Short title1
2.Commencement1
3.Further provisions relating to commencement1
Part 2 — The Criminal Code amended
4.Act amended1
5.Part I Chapter 6 inserted1
Chapter 6 — Criminal liability of officers of bodies corporate
37.Overview1
38.Term used: officer1
39.Officer liability for corporate offence: onus on prosecution to prove reasonable steps not taken1
40.Officer liability for corporate offence: onus on prosecution to prove reasonable steps not taken if evidence suggesting reasonable steps adduced1
41.Officer liability for corporate offence: onus on officer to prove reasonable steps taken1
42.Further provisions relating to criminal liability of officers of bodies corporate1
43.Penalties1
6.Section 740D inserted1
740D.Review of amendments made by Directors’ Liability Reform Act 20231
Part 3 — Amendments to other Acts
Division 1 — Aboriginal Cultural Heritage Act 2021 amended
7.Act amended1
8.Sections 263 to 265 replaced1
263.Liability of officers for offence by body corporate1
Division 2 — Aboriginal Heritage Act 1972 amended
9.Act amended1
10.Section 57 amended1
11.Section 58 inserted1
58.Liability of officers for offence by body corporate1
Division 3 — Animal Welfare Act 2002 amended
12.Act amended1
13.Section 80 replaced1
80.Liability of officers for offence by body corporate1
Division 4 — Anzac Day Act 1960 amended
14.Act amended1
15.Section 4 amended1
16.Section 5 amended1
17.Section 6 amended1
18.Section 7 amended1
Division 5 — Aquatic Resources Management Act 2016 amended
19.Act amended1
20.Sections 191 and 192 replaced1
191.Liability of officers for offence by body corporate1
Division 6 — Architects Act 2004 amended
21.Act amended1
22.Section 76 replaced1
76.Liability of officers for offence by body corporate1
Division 7 — Auction Sales Act 1973 amended
23.Act amended1
24.Section 35 amended1
Division 8 — Betting Control Act 1954 amended
25.Act amended1
26.Section 27G replaced1
27G.Liability of officers for offence by body corporate1
27.Section 27G amended1
28.Section 27H amended1
Division 9 — Biodiversity Conservation Act 2016 amended
29.Act amended1
30.Sections 237 and 238 replaced1
237.Liability of officers for offence by body corporate1
Division 10 — Biosecurity and Agriculture Management Act 2007 amended
31.Act amended1
32.Section 110 replaced1
110.Liability of officers for offence by body corporate1
Division 11 — Building and Construction Industry (Security of Payment) Act 2021 amended
33.Act amended1
34.Section 118 replaced1
118.Liability of officers for offence by body corporate1
Division 12 — Building Services (Complaint Resolution and Administration) Act 2011 amended
35.Act amended1
36.Section 105 replaced1
105.Liability of officers for offence by body corporate1
Division 13 — Building Services (Registration) Act 2011 amended
37.Act amended1
38.Section 97 replaced1
97.Liability of officers for offence by body corporate1
Division 14 — Charitable Collections Act 1946 amended
39.Act amended1
40.Section 15 amended1
41.Section 15A inserted1
15A.Liability of officers for offence by body corporate1
Division 15 — Contaminated Sites Act 2003 amended
42.Act amended1
43.Section 92 amended1
Division 16 — Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 amended
44.Act amended1
45.Section 25 amended1
46.Section 25A inserted1
25A.Liability of officers for offence by body corporate1
Division 17 — Criminal Procedure Act 2004 amended
47.Act amended1
48.Section 180 replaced1
180.Liability of officers for offence by body corporate1
Division 18 — Dangerous Goods Safety Act 2004 amended
49.Act amended1
50.Section 61 replaced1
61.Liability of officers for offence by body corporate1
Division 19 — Debt Collectors Licensing Act 1964 amended
51.Act amended1
52.Section 23 deleted1
Division 20 — Emergency Management Act 2005 amended
53.Act amended1
54.Section 77X amended1
55.Section 98 replaced1
98.Liability of officers for offence by body corporate1
Division 21 — Employment Agents Act 1976 amended
56.Act amended1
57.Section 30 amended1
Division 22 — Energy Operators (Powers) Act 1979 amended
58.Act amended1
59.Section 86 amended1
Division 23 — Energy Safety Act 2006 amended
60.Act amended1
61.Section 35 deleted1
Division 24 — Environmental Protection Act 1986 amended
62.Act amended1
63.Section 118 amended1
64.Section 118A inserted1
118A.Liability of officers for offence by body corporate1
Division 25 — Exotic Diseases of Animals Act 1993 amended
65.Act amended1
66.Section 58 replaced1
58.Liability of officers for offence by body corporate1
Division 26 — Fair Trading Act 2010 amended
67.Act amended1
68.Section 94A inserted1
94A.Liability of officers for offence by body corporate1
69.Section 95 amended1
Division 27 — Firearms Act 1973 amended
70.Act amended1
71.Section 21B amended1
72.Section 21C inserted1
21C.Liability of officers for offence by body corporate1
73.Section 21C amended1
Division 28 — Fish Resources Management Act 1994 amended
74.Act amended1
75.Section 204 replaced1
204.Liability of officers for offence by body corporate1
Division 29 — Food Act 2008 amended
76.Act amended1
77.Section 128 replaced1
128.Liability of officers for offence by body corporate1
Division 30 — Gaming and Wagering Commission Act 1987 amended
78.Act amended1
79.Section 37 replaced1
37.Liability of officers for offence by body corporate1
80.Section 37 amended1
81.Section 99 amended1
Division 31 — Gas Corporation (Business Disposal) Act 1999 amended
82.Act amended1
83.Section 13 deleted1
Division 32 — Gold Corporation Act 1987 amended
84.Act amended1
85.Section 76 deleted1
Division 33 — Heritage Act 2018 amended
86.Act amended1
87.Sections 143 and 144 replaced1
143.Liability of officers for offence by body corporate1
Division 34 — Home Building Contracts Act 1991 amended
88.Act amended1
89.Section 30 replaced1
30.Liability of officers for offence by body corporate1
Division 35 — Hope Valley‑Wattleup Redevelopment Act 2000 amended
90.Act amended1
91.Section 30 deleted1
Division 36 — Liquor Control Act 1988 amended
92.Act amended1
93.Section 164 amended1
94.Section 164A inserted1
164A.Liability of officers for offence by body corporate1
95.Section 167 amended1
Division 37 — Litter Act 1979 amended
96.Act amended1
97.Section 24C deleted1
Division 38 — Major Events (Aerial Advertising) Act 2009 amended
98.Act amended1
99.Section 3 amended1
100.Section 16 replaced1
16.Liability of officers for offence by body corporate1
Division 39 — Medicines and Poisons Act 2014 amended
101.Act amended1
102.Section 118 replaced1
118.Liability of officers for offence by body corporate1
Division 40 — Metropolitan Redevelopment Authority Act 2011 amended
103.Act amended1
104.Section 129 deleted1
Division 41 — Mining Act 1978 amended
105.Act amended1
106.Section 154A inserted1
154A.Liability of officers for offence by body corporate1
Division 42 — Misuse of Drugs Act 1981 amended
107.Act amended1
108.Section 35 replaced1
35.Liability of officers for offence by body corporate1
Division 43 — Nuclear Waste Storage and Transportation (Prohibition) Act 1999 amended
109.Act amended1
110.Section 8 replaced1
8.Liability of officers for offence by body corporate1
Division 44 — Pawnbrokers and Second‑hand Dealers Act 1994 amended
111.Act amended1
112.Section 89 amended1
Division 45 — Pearling Act 1990 amended
113.Act amended1
114.Section 56 replaced1
56.Liability of officers for offence by body corporate1
Division 46 — Perry Lakes Redevelopment Act 2005 amended
115.Act amended1
116.Section 50 deleted1
Division 47 — Pharmacy Act 2010 amended
117.Act amended1
118.Section 71 replaced1
71.Liability of officers for offence by body corporate1
Division 48 — Private Hospitals and Health Services Act 1927 amended
119.Act amended1
120.Section 26M replaced1
26M.Liability of officers for offence by body corporate1
Division 49 — Prostitution Act 2000 amended
121.Act amended1
122.Section 59 replaced1
59.Liability of officers for offence by body corporate1
Division 50 — Protection of Information (Entry Registration Information Relating to COVID‑19 and Other Infectious Diseases) Act 2021 amended
123.Act amended1
124.Section 9 replaced1
9.Liability of officers for offence by body corporate1
Division 51 — Public Health Act 2016 amended
125.Act amended1
126.Section 4 amended1
127.Sections 282 and 283 replaced1
282.Liability of officers for offence by body corporate1
Division 52 — Radiation Safety Act 1975 amended
128.Act amended1
129.Section 56 amended1
130.Section 56A inserted1
56A.Liability of officers for offence by body corporate1
Division 53 — Retail Trading Hours Act 1987 amended
131.Act amended1
132.Section 34 deleted1
Division 54 — Retirement Villages Act 1992 amended
133.Act amended1
134.Section 79 replaced1
79.Liability of officers for offence by body corporate1
Division 55 — Road Traffic (Vehicles) Act 2012 amended
135.Act amended1
136.Section 108 replaced1
108.Liability of officers for offence by body corporate1
Division 56 — Security and Related Activities (Control) Act 1996 amended
137.Act amended1
138.Section 88A amended1
139.Section 89 amended1
140.Section 90 deleted1
Division 57 — Surveillance Devices Act 1998 amended
141.Act amended1
142.Section 39 deleted1
Division 58 — Swan and Canning Rivers Management Act 2006 amended
143.Act amended1
144.Section 121 amended1
145.Section 121A inserted1
121A.Liability of officers for offence by body corporate1
146.Section 121A amended1
Division 59 — Tobacco Products Control Act 2006 amended
147.Act amended1
148.Section 109 replaced1
109.Liability of officers for offence by body corporate1
Division 60 — Transport Co‑ordination Act 1966 amended
149.Act amended1
150.Section 55A deleted1
Division 61 — Transport (Road Passenger Services) Act 2018 amended
151.Act amended1
152.Sections 218 and 219 replaced1
218.Liability of officers for offence by body corporate1
Division 62 — Unauthorised Documents Act 1961 amended
153.Act amended1
154.Section 6 deleted1
Division 63 — Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 amended
155.Act amended1
156.Section 61 amended1
Division 64 — Veterinary Practice Act 2021 amended
157.Act amended1
158.Sections 142 and 143 replaced1
142.Liability of officers for offence by body corporate1
Division 65 — Waste Avoidance and Resource Recovery Act 2007 amended
159.Act amended1
160.Section 47ZY amended1
161.Section 93 amended1
Division 66 — Water Services Act 2012 amended
162.Act amended1
163.Section 196 replaced1
196.Liability of officers for offence by body corporate1
Division 67 — Waterways Conservation Act 1976 amended
164.Act amended1
165.Section 73 amended1
Division 68 — Western Australian Products Symbol Act 1972 amended
166.Act amended1
167.Section 13 deleted1
Division 69 — Workers’ Compensation and Injury Management Act 1981 amended
168.Act amended1
169.Section 170 amended1
170.Section 170A inserted1
170A.Liability of officers for offence by body corporate1
Directors’ Liability Reform Act 2023
An Act to amend The Criminal Code and various other Acts in relation to the criminal liability of directors and other persons involved in the management of bodies corporate, and for related purposes.
[Assented to 4 April 2023]
The Parliament of Western Australia enacts as follows:
This is the Directors’ Liability Reform Act 2023.
This Act comes into operation as follows —
(a)Part 1 — on the day on which this Act receives the Royal Assent (assent day);
(b)Part 3 Division 1 —
(i)if the Aboriginal Cultural Heritage Act 2021 sections 263 to 265 come into operation on or before assent day — on the day after assent day; or
(ii)otherwise — immediately after the Aboriginal Cultural Heritage Act 2021 sections 263 to 265 come into operation;
(c)Part 3 Division 5 —
(i)if the Aquatic Resources Management Act 2016 sections 191 and 192 come into operation on or before assent day — on the day after assent day; or
(ii)otherwise — immediately after the Aquatic Resources Management Act 2016 sections 191 and 192 come into operation;
(d)section 27 —
(i)if the TAB (Disposal) Act 2019 section 70 comes into operation on or before assent day — immediately after section 26 of this Act comes into operation; or
(ii)otherwise — on the day on which the TAB (Disposal) Act 2019 section 70 comes into operation;
(e)Part 3 Division 9 — on a day fixed by proclamation;
(f)Part 3 Division 11 —
(i)if the Building and Construction Industry (Security of Payment) Act 2021 section 118 comes into operation on or before assent day — on the day after assent day; or
(ii)otherwise — immediately after the Building and Construction Industry (Security of Payment) Act 2021 section 118 comes into operation;
(g)section 73 —
(i)if the Firearms Amendment Act 2022 section 29 comes into operation on or before assent day — immediately after section 72 of this Act comes into operation; or
(ii)otherwise — on the day on which the Firearms Amendment Act 2022 section 29 comes into operation;
(h)section 80 —
(i)if the TAB (Disposal) Act 2019 section 99 comes into operation on or before assent day — immediately after section 79 of this Act comes into operation; or
(ii)otherwise — when the TAB (Disposal) Act 2019 section 99 comes into operation;
(i)section 146 —
(i)if the Swan and Canning Rivers Management Amendment Act 2023 section 7 comes into operation on or before assent day — immediately after section 145 of this Act comes into operation; or
(ii)otherwise — when the Swan and Canning Rivers Management Amendment Act 2023 section 7 comes into operation;
(j)the rest of the Act — on the day after assent day.
3.Further provisions relating to commencement
(1)In this section —
commencement day means the day after the day on which this Act receives the Royal Assent.
(2)Despite section 2(j), if the Aboriginal Cultural Heritage Act 2021 section 310 comes into operation on or before commencement day, Part 3 Division 2 of this Act —
(a)does not come into operation; and
(b)is deleted.
(3)Despite section 2(j), if the Emergency Management Amendment (Temporary COVID-19 Provisions) Act 2022 section 30 comes into operation on or before commencement day, section 54 of this Act —
(a)does not come into operation; and
(b)is deleted.
(4)Despite section 2(j), if the Aquatic Resources Management Act 2016 section 267 comes into operation on or before commencement day, Part 3 Division 28 of this Act —
(a)does not come into operation; and
(b)is deleted.
(5)Despite section 2(j), if the Aquatic Resources Management Act 2016 section 268 comes into operation on or before commencement day, Part 3 Division 45 of this Act —
(a)does not come into operation; and
(b)is deleted.
Part 2 — The Criminal Code amended
This Part amends The Criminal Code.
At the end of Part I insert:
Chapter 6 — Criminal liability of officers of bodies corporate
(1)This Chapter contains a set of standard provisions (sections 39, 40 and 41) that set out certain circumstances in which directors and other officers of a body corporate can incur criminal liability as a result of an offence by the body corporate.
(2)Only one of sections 39, 40 and 41 can apply to an offence.
In this Chapter —
officer, in relation to a body corporate, has the meaning given in the Corporations Act 2001 (Commonwealth) section 9.
39.Officer liability for corporate offence: onus on prosecution to prove reasonable steps not taken
(1)This section applies to an offence if a provision of this Code, or of another written law, expressly provides that it applies to the offence.
(2)If a body corporate is guilty of an offence to which this section applies, an officer of the body corporate is also guilty of the offence if the officer failed to take all reasonable steps to prevent the commission of the offence by the body corporate.
(3)In determining whether things done or omitted to be done by the officer constitute reasonable steps, a court must have regard to —
(a)what the officer knew, or ought to have known, about the commission of the offence by the body corporate; and
(b)whether the officer was in a position to influence the conduct of the body corporate in relation to the commission of the offence; and
(c)any other relevant matter.
40.Officer liability for corporate offence: onus on prosecution to prove reasonable steps not taken if evidence suggesting reasonable steps adduced
(1)This section applies to an offence if a provision of this Code, or of another written law, expressly provides that it applies to the offence.
(2)If a body corporate is guilty of an offence to which this section applies, an officer of the body corporate is also guilty of the offence unless the officer took all reasonable steps to prevent the commission of the offence by the body corporate.
(3)The prosecutor has the onus of proving that the officer failed to take all reasonable steps to prevent the commission of the offence by the body corporate if, and only if, evidence that suggests a reasonable possibility that the officer took all reasonable steps is first adduced by or on behalf of the officer.
(4)In determining whether things done or omitted to be done by the officer constitute reasonable steps, a court must have regard to —
(a)what the officer knew, or ought to have known, about the commission of the offence by the body corporate; and
(b)whether the officer was in a position to influence the conduct of the body corporate in relation to the commission of the offence; and
(c)any other relevant matter.
41.Officer liability for corporate offence: onus on officer to prove reasonable steps taken
(1)This section applies to an offence if a provision of this Code, or of another written law, expressly provides that it applies to the offence.
(2)If a body corporate is guilty of an offence to which this section applies, an officer of the body corporate is also guilty of the offence unless the officer took all reasonable steps to prevent the commission of the offence by the body corporate.
(3)The officer has the onus of proving that the officer took all reasonable steps to prevent the commission of the offence by the body corporate.
(4)In determining whether things done or omitted to be done by the officer constitute reasonable steps, a court must have regard to —
(a)what the officer knew, or ought to have known, about the commission of the offence by the body corporate; and
(b)whether the officer was in a position to influence the conduct of the body corporate in relation to the commission of the offence; and
(c)any other relevant matter.
42.Further provisions relating to criminal liability of officers of bodies corporate
(1)This Chapter does not affect the liability of a body corporate for any offence.
(2)This Chapter does not affect the liability of an officer, or any other person, under Chapters II, LVII, LVIII and LIX.
(3)An officer of a body corporate may be charged with, and convicted of, an offence in accordance with section 39, 40 or 41 whether or not the body corporate is charged with, or convicted of, the offence committed by the body corporate.
(4)If an officer of a body corporate who is charged with an offence in accordance with section 39, 40 or 41 claims that the body corporate would have a defence if it were charged with the offence —
(a)the onus of proving the defence is on the officer; and
(b)the standard of proof required is the standard that would apply to the body corporate in relation to the defence.
(5)Subsection (4) does not limit any other defence available to the officer.
(1)This section applies to an offence if —
(a)section 39, 40 or 41 applies to the offence; and
(b)the specified penalty for the offence applies only to a body corporate.
(2)The maximum penalty for the offence if committed by an officer of a body corporate is one‑fifth of the maximum penalty that could be imposed on the body corporate.
(3)This section does not limit the Sentencing Act 1995.
Before section 740 insert:
740D.Review of amendments made by Directors’ Liability Reform Act 2023
(1)The Minister must review the operation and effectiveness of the amendments made to this Code by the Directors’ Liability Reform Act 2023, and prepare a report based on the review, as soon as practicable after the 5th anniversary of the day on which the Directors’ Liability Reform Act 2023 section 5 comes into operation.
(2)The Minister must cause the report to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 5th anniversary.
Part 3 — Amendments to other Acts
Division 1 — Aboriginal Cultural Heritage Act 2021 amended
This Division amends the Aboriginal Cultural Heritage Act 2021.
8.Sections 263 to 265 replaced
Delete sections 263 to 265 and insert:
263.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 52(1) |
s. 56(1) |
s. 57(1) and (4) |
|
s. 61(1) |
s. 64(1) |
s. 67(1) |
|
s. 68(1) |
s. 88(1) |
s. 92 |
|
s. 93(1) |
s. 94 |
s. 95 |
|
s. 127(1) |
s. 133 |
s. 171(4) |
|
s. 173 |
s. 183(1) and (2) |
s. 190(1) and (2) |
|
s. 196(1) and (2) |
s. 205(1) and (2) |
s. 240(2) |
|
s. 252 |
s. 256 |
s. 304(1) |
|
s. 306(2) |
|
|
Division 2 — Aboriginal Heritage Act 1972 amended
This Division amends the Aboriginal Heritage Act 1972.
Delete section 57(2).
After section 57 insert:
58.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 17 |
s. 43(7) |
|
s. 55 |
|
Division 3 — Animal Welfare Act 2002 amended
This Division amends the Animal Welfare Act 2002.
Delete section 80 and insert:
80.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 6(1) and (2) |
s. 7(1) |
|
s. 13 |
s. 19(1) |
|
s. 31(1) |
s. 32(1) |
|
s. 50(7) |
|
Division 4 — Anzac Day Act 1960 amended
This Division amends the Anzac Day Act 1960.
In section 4(4) delete “held, and each member of the managing body or committee of that racing club,” and insert:
held
In section 5(2) delete “club, and each member of the managing body or committee of that racing club,” and insert:
club
In section 6(4) delete “held, and each member of the managing body or committee of that club, association or body,” and insert:
held
In section 7(2) delete the passage that begins with “body, and” and ends with “approval.” and insert:
body commits an offence.
Division 5 — Aquatic Resources Management Act 2016 amended
This Division amends the Aquatic Resources Management Act 2016.
20.Sections 191 and 192 replaced
Delete sections 191 and 192 and insert:
191.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 7(8) |
s. 31(2) and (3) |
|
s. 49(2) and (3) |
s. 64(2) and (3) |
|
s. 65(2) and (3) |
s. 69(2) |
|
s. 86 |
s. 94(2) and (3) (including arising under subsection (4), (5) or (6)) |
|
s. 104(2) and (3) |
s. 106(1) and (2) |
|
s. 107(1) |
s. 109(2) and (4) |
|
s. 110(2) |
s. 112(3) |
|
s. 114(4) |
s. 125(4) |
|
s. 129 |
s. 138(1) |
|
s. 140(1) |
s. 141(1) |
|
s. 211(4) |
s. 260(1) and (2) |
Division 6 — Architects Act 2004 amended
This Division amends the Architects Act 2004.
Delete section 76 and insert:
76.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 14(1) |
s. 15 |
|
s. 42(2) |
s. 64(2) and (3) |
|
s. 65(1) |
s. 66 |
|
s. 67(2) and (3) |
s. 69(1) |
|
s. 70 |
|
Division 7 — Auction Sales Act 1973 amended
This Division amends the Auction Sales Act 1973.
Delete section 35(4).
Division 8 — Betting Control Act 1954 amended
This Division amends the Betting Control Act 1954.
Delete section 27G and insert:
27G.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 11C(9) and (13) |
s. 11E(5) |
|
s. 11G(1) and (2) |
s. 14A(2) |
|
s. 20A(2) |
s. 20B(6) |
|
s. 23(1) |
s. 24(1) |
|
s. 26C(1) |
s. 27 |
|
s. 27A(2), (2B), (2C) and (3) |
s. 27D(2A) |
|
s. 28C |
s. 28D |
In section 27G in the Table delete “s. 27D(2A)”.
Delete section 27H(3).
Note:The heading to amended section 27H is to read:
Liability of individuals, partners, bodies corporate and licensed managers
Division 9 — Biodiversity Conservation Act 2016 amended
This Division amends the Biodiversity Conservation Act 2016.
30.Sections 237 and 238 replaced
Delete sections 237 and 238 and insert:
237.Liability of officers for offence by body corporate
(1)The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in Table A.
Table A
|
s. 48(1) |
s. 65(1) |
|
s. 150(1) |
s. 158(3) |
|
s. 172(1) |
s. 173(1) and (2) |
(2)The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in Table B if the offence involves a cetacean or threatened fauna.
Table B
|
s. 152(1) |
s. 153(1) |
|
s. 157(1) |
s. 158(2) |
|
s. 159 |
s. 160 |
(3)The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in Table C if the offence involves threatened flora.
Table C
|
s. 176(1) |
s. 177(1) |
|
s. 178(2) |
s. 179 |
Division 10 — Biosecurity and Agriculture Management Act 2007 amended
This Division amends the Biosecurity and Agriculture Management Act 2007.
Delete section 110 and insert:
110.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 15(1), (2) and (3) |
s. 17 |
|
s. 18 |
s. 19(2), (3) and (4) |
|
s. 20(2) |
s. 21(2), (3) and (4) |
|
s. 23(1) and (3) |
s. 24(2) and (4) |
|
s. 25 |
s. 26(1) |
|
s. 29 |
s. 30(2) and (3) |
|
s. 32 |
s. 56(1), (2), (3), (4), (5) and (6) |
|
s. 57 |
s. 58(2) |
|
s. 60 |
s. 61(1) |
|
s. 62(1) |
s. 84(5) |
|
s. 92 |
|
Division 11 — Building and Construction Industry (Security of Payment) Act 2021 amended
This Division amends the Building and Construction Industry (Security of Payment) Act 2021.
Delete section 118 and insert:
118.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 65 or 87 of this Act.
Division 12 — Building Services (Complaint Resolution and Administration) Act 2011 amended
This Division amends the Building Services (Complaint Resolution and Administration) Act 2011.
Delete section 105 and insert:
105.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 53(1) |
s. 71(2) |
|
s. 80(7) |
|
Division 13 — Building Services (Registration) Act 2011 amended
This Division amends the Building Services (Registration) Act 2011.
Delete section 97 and insert:
97.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 4(1) |
s. 5(2) |
|
s. 6(1) |
s. 7(1) and (5) |
|
s. 22(2) and (3) |
s. 25 |
|
s. 33(1) |
s. 34(1) and (3) |
|
s. 35(1), (2) and (3) |
s. 36(1) |
|
s. 37(1) |
s. 99 |
Division 14 — Charitable Collections Act 1946 amended
This Division amends the Charitable Collections Act 1946.
Delete section 15(4).
After section 15 insert:
15A.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 15(2) or (3A) of this Act.
Division 15 — Contaminated Sites Act 2003 amended
This Division amends the Contaminated Sites Act 2003.
In section 92:
(a)after “118,” insert:
118A,
(b)delete the passage that begins with “as if” and ends with “Act.” and insert:
as if —
(a)a reference in those sections to “this Act” were a reference to this Act; and
(b)a reference in section 118A to “Tier 1 offences and Tier 2 offences” were a reference to an offence under a provision of this Act listed in the Table.
Table
|
s. 10(11) |
s. 11(3) and (9) |
|
s. 12(6) |
s. 30(6) |
|
s. 43(1) |
s. 54(2) and (5) |
|
s. 68(1) |
s. 74(1) |
|
s. 93(3) |
s. 94 |
|
s. 95(1) |
s. 96(3) |
Division 16 — Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 amended
This Division amends the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021.
Delete section 25(1) and (4) to (6).
After section 25 insert:
25A.Liability of officers for offence by body corporate
The Criminal Code section 41 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 25(2) of this Act.
Division 17 — Criminal Procedure Act 2004 amended
This Division amends the Criminal Procedure Act 2004.
Delete section 180 and insert:
180.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 137(5) |
s. 155(4) |
|
s. 170(4) |
|
Division 18 — Dangerous Goods Safety Act 2004 amended
This Division amends the Dangerous Goods Safety Act 2004.
Delete section 61 and insert:
61.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 8(1) |
s. 9(2) |
|
s. 10 |
s. 11(2) |
|
s. 12 |
s. 13 |
|
s. 14(1) |
s. 15(1) |
|
s. 16 |
s. 17(2) for a contravention of s. 11(2), 12, 13, 14(1), 15(1) or 16 in aggravated circumstances as defined in s. 17(1) |
|
s. 24 |
s. 47(7) |
|
s. 55(1), (2) and (3) |
s. 65(5) |
Division 19 — Debt Collectors Licensing Act 1964 amended
This Division amends the Debt Collectors Licensing Act 1964.
Delete section 23.
Division 20 — Emergency Management Act 2005 amended
This Division amends the Emergency Management Act 2005.
After section 77X(1)(f) insert:
(fa)section 98(2) is to be read as if a reference to a direction given under section 47(1), 71(1) or 75(1) included a reference to a direction given under section 77O(1);
Delete section 98 and insert:
98.Liability of officers for offence by body corporate
(1)The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 95 of this Act.
(2)The Criminal Code section 41 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 85 |
s. 86(1) in relation to a direction given under s. 47(1), 71(1) or 75(1) |
|
s. 87 |
s. 89 |
|
s. 90 |
|
Division 21 — Employment Agents Act 1976 amended
This Division amends the Employment Agents Act 1976.
Delete section 30(3).
Division 22 — Energy Operators (Powers) Act 1979 amended
This Division amends the Energy Operators (Powers) Act 1979.
Delete section 86(1) to (2a).
Note:The heading to amended section 86 is to read:
Liability of bodies corporate
Division 23 — Energy Safety Act 2006 amended
This Division amends the Energy Safety Act 2006.
Delete section 35.
Division 24 — Environmental Protection Act 1986 amended
This Division amends the Environmental Protection Act 1986.
Delete section 118(1) to (3).
Note:The heading to amended section 118 is to read:
Establishing state of mind of body corporate
After section 118 insert:
118A.Liability of officers for offence by body corporate
The Criminal Code section 41 (which provides for the criminal liability of officers of a body corporate) applies to Tier 1 offences and Tier 2 offences.
Division 25 — Exotic Diseases of Animals Act 1993 amended
This Division amends the Exotic Diseases of Animals Act 1993.
Delete section 58 and insert:
58.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 8 |
s. 9(2) |
|
s. 10(1) |
s. 22 |
|
s. 32(1) |
s. 37(1) |
|
s. 39(3) |
|
Division 26 — Fair Trading Act 2010 amended
This Division amends the Fair Trading Act 2010.
After section 94 insert:
94A.Liability of officers for offence by body corporate
(1)The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 62(2) of this Act.
(2)The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of the Australian Consumer Law (WA) listed in Table A.
Table A
|
s. 157(1) and (2) |
s. 159(1) and (2) |
|
s. 161(1), (3) and (4) |
s. 163(1) and (2) |
|
s. 164(1) |
s. 166(1) |
|
s. 167(1) |
s. 169(1) |
|
s. 170(1) |
s. 171(1) |
|
s. 173(1) |
s. 176(1) |
|
s. 177(1) |
s. 178(1) |
|
s. 179(1) |
s. 180(1) |
|
s. 181(1) and (2) |
s. 182(1) and (2) |
|
s. 183(1) |
s. 188(1) |
|
s. 192(1) |
s. 193(1) |
|
s. 206(1) |
|
(3)The Criminal Code section 41 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of the Australian Consumer Law (WA) listed in Table B.
Table B
|
s. 151(1) |
s. 152(1) |
|
s. 153(1) |
s. 155(1) |
|
s. 156(1) |
s. 158(1), (3), (5) and (7) |
|
s. 162(1), (2) and (3) |
s. 164(2) |
|
s. 168(1) |
s. 172(1) and (2) |
|
s. 174(1) and (2) |
s. 175(1) |
|
s. 194(1), (2), (3) and (5) |
s. 195(1) and (2) |
|
s. 197(1), (2), (3) and (5) |
s. 198(1) and (2) |
|
s. 199(1) and (2) |
s. 200(1) |
|
s. 203(1), (2) and (3) |
s. 204(1) and (2) |
Delete section 95(1) to (3).
Note:The heading to amended section 95 is to read:
Vicarious liability of employers, principals and other persons
Division 27 — Firearms Act 1973 amended
This Division amends the Firearms Act 1973.
(1)In section 21B(1):
(a)delete paragraph (a);
(b)delete “each” and insert:
the person
(2)Delete section 21B(2) to (4).
Note:The heading to amended section 21B is to read:
Liability for certain offences
After section 21B insert:
21C.Liability of officers for offence by body corporate
(1)In this section —
relevant offence means an offence under a relevant provision, when committed in the course of the business carried on under a Dealer’s Licence, a Repairer’s Licence or a Manufacturer’s Licence;
relevant provision means section 19(2) or (4) or 23(1), (5), (7) or (9) of this Act.
(2)The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to a relevant offence.
In section 21C(1) delete the definition of relevant provision and insert:
relevant provision means section 19(2), 23(1), (5), (7) or (9), 23AC or 23AD of this Act.
Division 28 — Fish Resources Management Act 1994 amended
This Division amends the Fish Resources Management Act 1994.
Delete section 204 and insert:
204.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 7(7) |
s. 46 |
s. 47 |
|
s. 48A(2) |
s. 49 |
s. 74(1) and (2) |
|
s. 77(1) and (2) |
s. 79(1) |
s. 82(1) |
|
s. 86 |
s. 88 |
s. 90 |
|
s. 96 |
s. 97A |
s. 100A(1) and (2) (including arising under subsection (3), (4) or (5)) |
|
s. 104 |
s. 105 |
s. 155(2) |
|
s. 170(1) |
s. 171(1) |
s. 172 |
|
s. 173(1) |
s. 174(1) |
s. 175(1) |
|
s. 176 |
s. 225(4) and (5) |
s. 255(3) |
Division 29 — Food Act 2008 amended
This Division amends the Food Act 2008.
Delete section 128 and insert:
128.Liability of officers for offence by body corporate
(1)The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 22(1) of this Act.
(2)The Criminal Code section 41 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 14(1) and (2) |
s. 15(1) and (2) |
|
s. 16(1), (2), (3) and (4) |
s. 17(1) and (2) |
|
s. 18(1) and (2) |
s. 19(1), (2) and (3) |
|
s. 20(1) |
s. 21(1) and (2) |
|
s. 22(2), (3) and (4) |
|
Division 30 — Gaming and Wagering Commission Act 1987 amended
This Division amends the Gaming and Wagering Commission Act 1987.
Delete section 37 and insert:
37.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 22(5) |
s. 29(1) and (2) |
|
s. 41(3) |
s. 43A(2) |
|
s. 44(1) |
s. 45(1) and (2) |
|
s. 57(3) |
s. 85(4) |
|
s. 89(2) |
s. 93B(3) |
|
s. 104C(4) |
s. 104E(1), (2) and (3) |
|
s. 104F(1) and (4) |
s. 104L(1), (2) and (3) |
|
s. 104M(1), (2) and (3) |
s. 106(1) |
|
s. 109H(2) |
|
In section 37 in the Table delete “s. 109H(2)”.
In section 99(d) delete “who pursuant to section 37 would be liable in relation to a conviction of that body for an offence of failing to pay those moneys on demand.” and insert:
who, if that body committed an offence of failing to pay those moneys on demand, would be criminally liable in accordance with section 37 of this Act.
Division 31 — Gas Corporation (Business Disposal) Act 1999 amended
This Division amends the Gas Corporation (Business Disposal) Act 1999.
Delete section 13.
Division 32 — Gold Corporation Act 1987 amended
This Division amends the Gold Corporation Act 1987.
Delete section 76.
Division 33 — Heritage Act 2018 amended
This Division amends the Heritage Act 2018.
87.Sections 143 and 144 replaced
Delete sections 143 and 144 and insert:
143.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 129(1), (2) and (3) |
s. 130(1), (2) and (3) |
|
s. 132(1) |
s. 133(4) |
|
s. 134(6) |
|
Division 34 — Home Building Contracts Act 1991 amended
This Division amends the Home Building Contracts Act 1991.
Delete section 30 and insert:
30.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 5(3) |
s. 10(1) and (5) |
|
s. 12(1) |
s. 13(1) |
|
s. 14(1) |
s. 25C(1) and (2) |
|
s. 25J(2), (3) and (5) |
s. 25L(1) |
|
s. 28(3) |
|
Division 35 — Hope Valley‑Wattleup Redevelopment Act 2000 amended
This Division amends the Hope Valley‑Wattleup Redevelopment Act 2000.
Delete section 30.
Division 36 — Liquor Control Act 1988 amended
This Division amends the Liquor Control Act 1988.
In section 164(1):
(a)delete paragraph (a);
(b)delete “each” and insert:
the manager
Note:The heading to amended section 164 is to read:
Offences by bodies corporate and partnerships
After section 164 insert:
164A.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 37A |
s. 77(1) |
|
s. 100(2), (2a) and (8) |
s. 101(3) |
|
s. 102(1) |
s. 104(1) |
|
s. 106(1) and (3) |
s. 109(4A) |
|
s. 110(1), (2), (3) and (7) |
s. 115(1) and (2) |
|
s. 117(7) |
s. 119A(5) |
|
s. 121(1) and (2) |
s. 122(2) |
|
s. 126D(2) |
s. 152M |
|
s. 154(3) |
|
In section 167(2)(b) delete “section 101, 164 or 165” and insert:
section 101, 164, 164A or 165
Division 37 — Litter Act 1979 amended
This Division amends the Litter Act 1979.
Delete section 24C.
Division 38 — Major Events (Aerial Advertising) Act 2009 amended
This Division amends the Major Events (Aerial Advertising) Act 2009.
In section 3 delete the definition of officer.
Delete section 16 and insert:
16.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 11(1) of this Act.
Division 39 — Medicines and Poisons Act 2014 amended
This Division amends the Medicines and Poisons Act 2014.
Delete section 118 and insert:
118.Liability of officers for offence by body corporate
(1)The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in Table A.
Table A
|
s. 13(1) and (4) |
s. 15(1) and (2) |
|
s. 19 |
s. 20(1) |
|
s. 23(1) and (2) |
s. 24(2) |
|
s. 54(1) |
s. 64 |
|
s. 106(1) |
s. 107(2) |
(2)The Criminal Code section 41 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in Table B.
Table B
|
s. 14(1) and (4) |
s. 16(1), (2) and (3) |
|
s. 17 |
s. 18(1) and (2) |
|
s. 21(3) |
s. 22(1) |
|
s. 24(4) |
|
Division 40 — Metropolitan Redevelopment Authority Act 2011 amended
This Division amends the Metropolitan Redevelopment Authority Act 2011.
Delete section 129.
Division 41 — Mining Act 1978 amended
This Division amends the Mining Act 1978.
After section 154 insert:
154A.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 155(1) of this Act.
Division 42 — Misuse of Drugs Act 1981 amended
This Division amends the Misuse of Drugs Act 1981.
Delete section 35 and insert:
35.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 5(1) |
s. 6(1) and (2) |
|
s. 7(1) and (2) |
s. 7A(1) and (3) |
|
s. 18(1) |
|
Division 43 — Nuclear Waste Storage and Transportation (Prohibition) Act 1999 amended
This Division amends the Nuclear Waste Storage and Transportation (Prohibition) Act 1999.
Delete section 8 and insert:
8.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 7(2) or 7A(2) of this Act.
Division 44 — Pawnbrokers and Second‑hand Dealers Act 1994 amended
This Division amends the Pawnbrokers and Second‑hand Dealers Act 1994.
(1)Delete section 89(3).
(2)In section 89(4) delete “the licensee and the defence available to an officer under subsection (3) is not available to an officer who is also”.
Note:The heading to amended section 89 is to read:
Liability of partners and bodies corporate
Division 45 — Pearling Act 1990 amended
This Division amends the Pearling Act 1990.
Delete section 56 and insert:
56.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 7(2) |
s. 8(2) |
|
s. 12(4) |
s. 16 |
|
s. 19(2) |
s. 20 |
|
s. 21(1) |
|
Division 46 — Perry Lakes Redevelopment Act 2005 amended
This Division amends the Perry Lakes Redevelopment Act 2005.
Delete section 50.
Division 47 — Pharmacy Act 2010 amended
This Division amends the Pharmacy Act 2010.
Delete section 71 and insert:
71.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 52 |
s. 53 |
|
s. 54(1) |
s. 55(2) and (5) |
|
s. 56(4) |
s. 57 |
|
s. 59 |
s. 60 |
|
s. 64(1) |
|
Division 48 — Private Hospitals and Health Services Act 1927 amended
This Division amends the Private Hospitals and Health Services Act 1927.
Delete section 26M and insert:
26M.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 26DA(1) |
s. 26G(2) |
|
s. 26K |
s. 26L |
Division 49 — Prostitution Act 2000 amended
This Division amends the Prostitution Act 2000.
Delete section 59 and insert:
59.Liability of officers for offence by body corporate
The Criminal Code section 41 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 7(1) |
s. 16(1) and (2) |
|
s. 17(1) |
s. 18(1) |
|
s. 21 |
|
Division 50 — Protection of Information (Entry Registration Information Relating to COVID‑19 and Other Infectious Diseases) Act 2021 amended
This Division amends the Protection of Information (Entry Registration Information Relating to COVID‑19 and Other Infectious Diseases) Act 2021.
Delete section 9 and insert:
9.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 6(3) |
s. 7 |
|
s. 8(2), (3) and (7) |
|
Division 51 — Public Health Act 2016 amended
This Division amends the Public Health Act 2016.
In section 4(1) delete the definition of officer.
127.Sections 282 and 283 replaced
Delete sections 282 and 283 and insert:
282.Liability of officers for offence by body corporate
The Criminal Code section 41 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 37(1), (2) or (3) or 38(1), (2) or (3) of this Act.
Division 52 — Radiation Safety Act 1975 amended
This Division amends the Radiation Safety Act 1975.
Delete section 56(4).
After section 56 insert:
56A.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 25(1) |
s. 28(4) |
|
s. 36(3) |
s. 46(5) |
|
s. 52(1) for a contravention of s. 48(1) |
s. 52(2) |
Division 53 — Retail Trading Hours Act 1987 amended
This Division amends the Retail Trading Hours Act 1987.
Delete section 34.
Division 54 — Retirement Villages Act 1992 amended
This Division amends the Retirement Villages Act 1992.
Delete section 79 and insert:
79.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 6(3) |
s. 13(2), (3) and (5) |
|
s. 14A(2) |
s. 15(1), (4) and (5) |
|
s. 16(1) and (2) |
s. 18(2A), (3) and (5) |
|
s. 23(6) |
s. 24(9) |
|
s. 25(1) |
s. 75F(2) |
|
s. 75H(3) and (5) |
s. 75(6) |
Division 55 — Road Traffic (Vehicles) Act 2012 amended
This Division amends the Road Traffic (Vehicles) Act 2012.
Delete section 108 and insert:
108.Liability of officers for offence by body corporate
(1)The Criminal Code section 41 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of a road law listed in the 2nd column of the Table.
Table
|
Road law |
Provision to which The Criminal Code s. 41 applies |
|
Road Traffic (Administration) Act 2008 |
s. 44 in relation to a direction given under s. 39(2), 40(2) or 41(2) s. 56(4) s. 57(3) and (4) s. 58(5) s. 71(5) and (7) |
|
Road Traffic (Vehicles) Act 2012 |
s. 29(1) s. 31(1) s. 36(1) s. 39(1) and (3) s. 66 in relation to a direction given under s. 64(2) or (5) or 65(3) or (5) s. 80(1) s. 86(1) s. 87(1) and (2) s. 95 s. 96 s. 97 s. 98(2) s. 99 s. 100 s. 105(2), (3) and (8) s. 106(2) s. 107(1) s. 127 s. 129 |
(2)The matters set out in section 113(2) of this Act may be relevant matters for the purposes of The Criminal Code section 41(4)(c) as it applies under subsection (1).
Division 56 — Security and Related Activities (Control) Act 1996 amended
This Division amends the Security and Related Activities (Control) Act 1996.
In section 88A(1)(b) delete “section 89, 90” and insert:
section 89
In section 89(3) delete “the licensee and the defence available to an officer under section 90 is not available to an officer who is also”.
Delete section 90.
Division 57 — Surveillance Devices Act 1998 amended
This Division amends the Surveillance Devices Act 1998.
Delete section 39.
Division 58 — Swan and Canning Rivers Management Act 2006 amended
This Division amends the Swan and Canning Rivers Management Act 2006.
Delete section 121(1) to (3).
Note:The heading to amended section 121 is to read:
Establishing state of mind of body corporate
At the end of Part 8 Division 1 insert:
121A.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 30(3) |
s. 32(5) |
|
s. 70(1) and (2) |
s. 71(1) |
|
s. 88 |
s. 101 |
|
s. 116(4) |
|
In section 121A in the Table delete “s. 32(5)” and insert:
s. 32B(2)
Division 59 — Tobacco Products Control Act 2006 amended
This Division amends the Tobacco Products Control Act 2006.
Delete section 109 and insert:
109.Liability of officers for offence by body corporate
(1)The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in Table A.
Table A
|
s. 16(1) |
s. 17 |
s. 18 |
|
s. 19 |
s. 20(1) |
s. 21 |
|
s. 21A |
s. 21B |
s. 22(1) |
|
s. 24(1) and (2) |
s. 25(1), (2), (3) and (4) |
s. 26(2) and (3) |
|
s. 27(1) and (2) |
s. 28(3) |
s. 29 |
|
s. 30(1) |
s. 34 |
s. 50(5) |
|
s. 51 |
s. 57(1), (3) and (5) |
s. 58(1) and (2) |
|
s. 103(1) and (2) |
s. 106 |
s. 107F(2) |
(2)The Criminal Code section 41 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in Table B.
Table B
|
s. 31(1), (2), (3) and (4) |
s. 33(1) |
|
s. 35(2) and (3) |
s. 104 |
|
s. 105 |
|
Division 60 — Transport Co‑ordination Act 1966 amended
This Division amends the Transport Co‑ordination Act 1966
Delete section 55A.
Division 61 — Transport (Road Passenger Services) Act 2018 amended
This Division amends the Transport (Road Passenger Services) Act 2018.
152.Sections 218 and 219 replaced
Delete sections 218 and 219 and insert:
218.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 27(1) |
s. 28 |
|
s. 56(1) |
s. 57 |
|
s. 58 |
s. 91(1) |
|
s. 93 |
s. 122(1) and (2) |
|
s. 123 |
s. 151(1) |
|
s. 174(2) and (3) |
s. 175(2) |
|
s. 191(2) |
s. 211(1) and (2) |
|
s. 288 |
|
Division 62 — Unauthorised Documents Act 1961 amended
This Division amends the Unauthorised Documents Act 1961.
Delete section 6.
Division 63 — Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 amended
This Division amends the Veterinary Chemical Control and Animal Feeding Stuffs Act 1976.
Delete section 61(1).
Note:The heading to amended section 61 is to read:
Vicarious liability for sales
Division 64 — Veterinary Practice Act 2021 amended
This Division amends the Veterinary Practice Act 2021.
158.Sections 142 and 143 replaced
Delete sections 142 and 143 and insert:
142.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 57(1), (2), (3) and (4) |
s. 58(2) and (3) |
|
s. 60(1) and (3) |
s. 65(2) and (4) |
Division 65 — Waste Avoidance and Resource Recovery Act 2007 amended
This Division amends the Waste Avoidance and Resource Recovery Act 2007.
Delete section 47ZY(2).
In section 93:
(a)after “118,” insert:
118A,
(b)in paragraph (c) delete “Act.” and insert:
Act; and
(c)after paragraph (c) insert:
(d)a reference in section 118A to “Tier 1 offences and Tier 2 offences” were a reference to an offence under a provision of this Act listed in the Table.
Table
|
s. 47E(2) |
s. 47F(4) |
|
s. 47I(1) |
s. 47M(3), (4) and (5) |
|
s. 47N(4) |
s. 47ZN(1), (3) and (4) |
|
s. 47ZZF(1) |
s. 78(1) |
Division 66 — Water Services Act 2012 amended
This Division amends the Water Services Act 2012.
Delete section 196 and insert:
196.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table.
Table
|
s. 5(1) |
s. 88(1) |
|
s. 89(1) and (2) |
s. 99(1) |
|
s. 102(1) |
|
Division 67 — Waterways Conservation Act 1976 amended
This Division amends the Waterways Conservation Act 1976.
Delete section 73(1).
Division 68 — Western Australian Products Symbol Act 1972 amended
This Division amends the Western Australian Products Symbol Act 1972.
Delete section 13.
Division 69 — Workers’ Compensation and Injury Management Act 1981 amended
This Division amends the Workers’ Compensation and Injury Management Act 1981.
(1)In section 170(2b) delete “amount, whether or not the responsible officer has been convicted under subsection (5).” and insert:
amount.
(2)Delete section 170(5).
(3)Delete section 170(6) and insert:
(6)In subsections (2b) and (2c) —
responsible officer, in relation to the commission of an offence by a body corporate, means a person who is convicted of that offence in accordance with section 170A.
After section 170 insert:
170A.Liability of officers for offence by body corporate
The Criminal Code section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under section 170(1) of this Act.
© State of Western Australia 2023. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2023. By Authority: GEOFF O. LAWN, Government Printer