Commonwealth Consolidated Acts

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CARBON CREDITS (CARBON FARMING INITIATIVE) ACT 2011 - SECT 218

Reasonable steps to prevent contravention

  (1)   For the purposes of section   217, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention, a court may have regard to all relevant matters, including:

  (a)   what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):

  (i)   that the body corporate arranges regular professional assessments of the body corporate's compliance with civil penalty provisions;

  (ii)   that the body corporate implements any appropriate recommendations arising from such an assessment;

  (iii)   that the body corporate's employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions in so far as those requirements affect the employees, agents or contractors concerned; and

  (b)   what action (if any) the officer took when he or she became aware of the contravention.

  (2)   This section does not limit section   217.

 



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