(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence by contravening a declared provision and the officer was reckless about whether the contravention would happen; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and
(c) the officer recklessly failed to take reasonable steps to prevent the contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) Strict liability applies to subsection (1)(b).
(3) In deciding whether the executive officer took, or failed to take, reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the officer took directed towards ensuring the following, to the extent the action is relevant to the contravention:
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's representatives, employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.
(4) Subsection (3) does not limit the matters the court may consider.
(5) This section does not affect the liability of the body corporate.
(6) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the offence.
(7) Without limiting any other defence available to the officer, an executive officer may rely on a defence that would be available to the body corporate if it were charged with the offence with which the executive officer is charged and, in so doing, the officer bears the same burden of proof that the body corporate would bear.
(8) In this section:
"declared provision" means :
(a) section 12 (3), 2018_17574.html#_Ref447094849">40 (2), 2018_17574.html#_Ref445251101">44 (3), 2018_17574.html#_Ref447115857">69 (1) or (2), 2018_17574.html#_Ref454894420">70 (2), 2018_17574.html#_Ref444155878">75 (7), 2018_17574.html#_Ref447095067">104 (1) or 2018_17574.html#_Ref447095068">105 (1) or (2); or
(b) a prescribed provision of the regulations.