Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 493
Executive officers must ensure corporation complies with Act
493 Executive officers must ensure corporation complies with Act
(1) The executive officers of a corporation must ensure that the corporation
complies with this Act.
(2) If a corporation commits an offence against a
provision of this Act, each of the executive officers of the corporation also
commits an offence, namely, the offence of failing to ensure the corporation
complies with this Act. Penalty— Maximum penalty—the penalty for the
contravention of the provision by an individual.
(3) Evidence that the
corporation committed an offence against this Act is evidence that each of the
executive officers committed the offence of failing to ensure that the
corporation complies with this Act.
(4) However, it is a defence for an
executive officer to prove— (a) if the officer was in a position to
influence the conduct of the corporation in relation to the offence—the
officer took all reasonable steps to ensure the corporation complied with the
provision; or
(b) the officer was not in a position to influence the conduct
of the corporation in relation to the offence.
(5) Subsection (6) applies if
the act or omission of a corporation that causes an offence to be committed
happens earlier than the time of the commission of the offence. Example— An
act is done by a corporation in January 2023. The act results in serious
environmental harm being caused in January 2024, in contravention of
section 437 (1) .
(6) A reference in this section to an executive officer
of the corporation includes a reference to an executive officer who— (a) is
not in office when the offence is committed; but
(b) was in office when the
act or omission happened.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback