Page 5771 - Week 15 - Thursday, 10 December 2009

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omit proposed new section 201A (4), substitute

(4) An executive officer is culpable at the relevant time if he or she was an executive officer of the corporation at any time during which the corporation committed—

(a) if an entitlement to recover arises under section 149 (Failure to maintain compulsory insurance policy—chief executive entitled to recovery amount)—the offence, under section 147A (Compulsory insurance—offences), to which the entitlement to recover relates; or

(b) if an entitlement to recover arises under section 162A (Avoiding payment of premium—chief executive entitled to recovery amount)—the offence, under section 162 (False information causing lower premium), to which the entitlement to recover relates; or

(c) if the corporation is liable for an amount owing as a debt to the DI fund under section 171I (1) (c) (Effect of payment of claims)—the act or omission that led to the liability.

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