Victoria Surveillance Devices Act 1999 32A: s 32A Officers' due diligence to prevent the body corporate's surveillance offences

Each officer of a body corporate (a Corporations Act officer or anyone concerned in or taking part in its management) exercises due diligence to prevent the body corporate committing offences against ss 6(1), 7(1), 8(1), 9B(1), 9C(1), 11(1) and 30E(1) and (2); an officer who fails to is personally guilty of the same offence, whether or not the body corporate is prosecuted. The court weighs the officer's actual or constructive knowledge of the offence, their capacity to influence the company, and what steps they took or could reasonably have taken. The officer may rely on any defence available to the body corporate, with the same burden of proof.