Second Reading Speeches

Personal Liability for Corporate Fault Reform Bill 2012

Type
Government
Portfolio
Treasury
Originating house
House of Representatives
Status
Act
Parliament no
43

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Summary

Implements the Council of Australian Governments’ directors’ liability reform by amending: the

Corporations Act 2001
to: remove the personal criminal liability of company secretaries for certain offences and replace it with a civil liability; and impose a penalty for a breach of the civil liability; the
Foreign Acquisitions and Takeovers Act 1975
to provide that only an officer of a corporation who authorised or permitted the commission of an offence by that corporation is personally liable for the breach; the
Health Insurance Act 1973
to remove the personal criminal liability on company officers of the proprietor of a private hospital who wilfully authorises or permits the bribery of a medical practitioner, midwife or nurse by their corporation, where the officer has not personally been responsible for the offence; the
National Vocational Education and Training Regulator Act 2011
to limit the circumstances when executive officers including directors can be personally liable for certain offences of the company; the
Therapeutic Goods Act 1989
to: remove the personal liability of executive officers for certain offences of a body corporate; and remove the automatic application of derivative liability; and 10 other Acts to align them with the principles and guidelines for the imposition of personal criminal liability for corporate fault.

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