Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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).