Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 89

Duty of executive officer of corporation

89 Duty of executive officer of corporation

(1) If a corporation has a duty under section 88 , an executive officer of the corporation must exercise due diligence to ensure the corporation complies with the duty.
Penalty—
Maximum penalty—the penalty under section 90 , 91 or 91A for an offence relating to the duty under section 88 committed by an individual.
(2) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) even if the corporation has not been proceeded against for, or convicted of, an offence relating to the duty.
(3) In this section—

"due diligence" includes taking reasonable steps to—
(a) acquire, and keep up to date, knowledge about the safe conduct of activities relating to providing taxi services or booked hire services; and
(b) gain an understanding of—
(i) the nature of the corporation’s activities relating to providing taxi services or booked hire services; and
(ii) the safety hazards and risks associated with those activities; and
(c) ensure the corporation has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and
(d) ensure the corporation has, and implements, processes—
(i) to eliminate or minimise those hazards and risks; and
(ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and
(iii) for complying with the corporation’s duty under section 88 ; and
(e) verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, implemented and used.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback