Commonwealth Consolidated Acts

NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 - SECT 47

  (1)   If:

  (a)   a body corporate contravenes a civil penalty provision; and

  (b)   an executive officer of the body corporate 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 corporate in relation to the contravention; and

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

the officer contravenes this subsection.

  (1A)   For the purposes of subsection   (1), the officer is reckless as to whether the contravention would occur if:

  (a)   the officer is aware of a substantial risk that the contravention would occur; and

  (b)   having regard to the circumstances known to the officer, it is unjustifiable to take the risk.

  (1B)   For the purposes of subsection   (1), the officer is negligent as to whether the contravention would occur if the officer's conduct involves:

  (a)   such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and

  (b)   such a high risk that the contravention would occur; and

that the conduct merits the imposition of a pecuniary penalty.

  (2)   Subsection   (1) is a civil penalty provision.

  (3)   Under section   31, a Court may order a person contravening subsection   (1) to pay a pecuniary penalty not more than the pecuniary penalty the Court could order a body corporate to pay for contravening the civil penalty provision mentioned in paragraph   (1)(a).