Australian Capital Territory Numbered Acts

WATER RESOURCES ACT 2007 (NO. 19 OF 2007) - SECT 104

    (1)     An officer of a corporation commits an offence if—

        (a)     the corporation commits an offence (a relevant offence ) by contravening a provision of this Act; and

        (b)     the officer was reckless about whether the contravention would happen; and

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

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

Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual.

    (2)     This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence.

    (3)     In deciding whether the officer took, or failed to take, reasonable steps to prevent the contravention, a court must have regard to the following:

        (a)     any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission):

              (i)     that the corporation arranged regular professional assessments of the corporation's compliance with the contravened provision;

              (ii)     that the corporation implemented any appropriate recommendation arising from such an assessment;

              (iii)     that the corporation's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the contravened provision;

        (b)     any action the officer took when the officer became aware that the contravention was, or might be, about to happen.

    (4)     Subsection (3) does not limit the matters to which the court may have regard.

    (5)     This section does not apply if the corporation would have a defence to a prosecution for the relevant offence.

    (6)     In this section:

"officer", of a corporation, means—

        (a)     a director or secretary of the corporation; or

        (b)     a person—

              (i)     who makes, or takes part in making, decisions that affect all, or a substantial part, of the business of the corporation; or

              (ii)     in accordance with whose instructions or wishes the directors of the corporation are accustomed to act (excluding advice given by the person in the proper exercise of functions attaching to the person's professional capacity or business relationship with the directors or the corporation); or

              (iii)     a receiver, or receiver and manager, of the corporation's property; or

        (c)     an administrator of the corporation; or

        (d)     an administrator of a deed of company arrangement executed by the corporation; or

        (e)     a liquidator of the corporation; or

        (f)     a trustee or other person administering a compromise or arrangement made between the corporation and someone else.