New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 169

169 Liability of directors etc for offences by corporation--offences attracting special executive liability

(1) If a corporation contravenes, whether by act or omission, a provision of this Act attracting special executive liability, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision, unless the person satisfies the court that--

(b) the person was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or

(c) the person, if in such a position, used all due diligence to prevent the contravention by the corporation.

(1A) For the purposes of this section, each of the following provisions attract
"special executive liability" --

(a) section 49 (2),

(b) section 64 (1),

(c) section 66 (2) or (4),

(d) section 102,

(e) section 113,

(f) section 115 (1),

(g) section 116 (1) or (2),

(h) section 117 (1),

(i) section 120 (1),

(j) section 124,

(k) section 125,

(l) section 126,

(m) section 128,

(n) section 142A (1),

(o) section 143 (1),

(p) section 144 (1),

(p1) section 144AAA (1),

(p2) section 144AAB,

(q) section 152,

(r) section 296C(1),

(s) section 296E(1).

(2) A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or been convicted under that provision.

(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.