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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 495

Criminal liability of executive officers of bodies corporate

  (1)   If:

  (a)   a body corporate contravenes:

  (i)   section   489 (Providing false or misleading information to obtain approval or permit); or

  (ii)   section   490 (Providing false or misleading information in response to a condition on an approval or permit); or

  (iii)   section   491 (Providing false or misleading information to authorised officer etc.); and

  (b)   an executive officer of the body knew that, or was reckless or negligent as to whether, the contravention would occur; and

  (c)   the officer was in a position to influence the conduct of the body in relation to the contravention; and

  (d)   the officer failed to take all reasonable steps to prevent the contravention;

the officer commits an offence punishable on conviction by imprisonment for a term not exceeding 2 years.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   Subsection   4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).

  (2)   If:

  (a)   a body corporate contravenes:

  (i)   section   15A (Offences relating to declared World Heritage properties); or

  (ia)   section   15C (Offences relating to National Heritage places); or

  (ii)   section   17B (Offences relating to declared Ramsar wetlands); or

  (iii)   section   18A (Offences relating to threatened species etc.); or

  (iv)   section   20A (Offences relating to listed migratory species); or

  (v)   section   22A (Offences relating to nuclear actions); or

  (vi)   section   24A (Offences relating to marine areas); or

  (via)   section   24E (Offences relating to water resources); or

  (vii)   section   27A (Offences relating to Commonwealth land); or

  (viia)   section   27C (Offences relating to Commonwealth heritage places overseas); or

  (viii)   section   142A (Offence of breaching conditions on approval); or

  (ix)   section   390SB (Offence relating to declared commercial fishing activity); and

  (b)   an executive officer of the body was reckless as to whether the contravention would occur; and

  (c)   the officer was in a position to influence the conduct of the body in relation to the contravention; and

  (d)   the officer failed to take all reasonable steps to prevent the contravention;

the officer commits an offence.

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

  (3)   An offence against subsection   (2) is punishable on conviction by imprisonment for a term not exceeding the term specified in the provision contravened by the body corporate.

Note:   Subsection   4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).


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