A director or other officer of a company commits an offence if they are reckless or are intentionally dishonest and fail to exercise their powers and discharge their duties in good faith and in the best interests of a company. The offence provisions are broadly framed and can capture a wide range of alleged conduct.

There are a number of provisions that set out the duties and powers of a company director and of other officers.  Section 184 of the Corporations Act 2001 sets out certain conduct which would be criminal if committed by an officer or directors.

If you are unsure of your duties, obligations and powers in relation to your position within the company structure, you should immediately seek legal advice so as to ensure you are not personally liable for any failings by you or the company.