Northern Territory Numbered Acts Northern Territory Numbered Acts(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits a relevant offence and the officer was reckless about whether the relevant offence would be committed; and
(b) the officer was in a position to influence the conduct of the body corporate in relation to the commission of the relevant offence; and
(c) the officer recklessly failed to take reasonable steps to prevent the commission of the relevant offence.
Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual.
(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 commission of the offence, 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 commission of the offence):
(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the provision to which the relevant offence relates;
(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);
(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates;
(b) any action the officer took when the officer became aware that the relevant offence was, or could be, about to be committed.
(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 convicted of, the relevant offence.
(7) Subsection (1) does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
Note for subsection (7)
The defendant has an evidential burden in relation to the matters in subsection (7) (see section 43BU of the Criminal Code).
(8) In this section:
"executive officer", of a body corporate, means a director or other person who is concerned with, or takes part in the management of, the body corporate.
"relevant offence" means an offence against any of the following:
(a) a specified environmental offence; or
(b) a provision of the regulations prescribed by regulation.