New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 26D

26D Duty of executive of legal entity

(1) If a legal entity has a safety duty, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the safety duty.

: Maximum penalty--the penalty for a contravention of the provision by an individual.

(2) The executive may be convicted of an offence against subsection (1) even if the legal entity has not been proceeded against for, or convicted of, an offence relating to the safety duty.

(2A) Subsection (1) does not apply to an executive of the legal entity acting on a voluntary basis, whether or not the executive is reimbursed for the expenses incurred by the executive for carrying out activities for the legal entity.

(3) In this section--

"due diligence" includes taking reasonable steps--

(a) to acquire, and keep up to date, knowledge about the safe conduct of transport activities; and

(b) to gain an understanding of--

(i) the nature of the legal entity's transport activities; and

(ii) the hazards and risks, including the public risk, associated with those activities; and

(c) to ensure the legal entity has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and

(d) to ensure the legal entity 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 legal entity's safety duties; and

(e) to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented.

"executive" , of a legal entity, means--

(a) for a corporation--an executive officer of the corporation; or

(b) for an unincorporated partnership--a partner in the partnership; or

(c) for an unincorporated body--a management member of the body.

"legal entity" means--

(a) a corporation; or

(b) an unincorporated partnership; or

(c) an unincorporated body.