Northern Territory Numbered Acts Northern Territory Numbered Actsrepeal, insert
(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence ).
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
(2) An offence against subsection (1) is a regulatory offence.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or
(b) took reasonable steps to prevent the contravention; or
(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.
(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:
(a) any action the defendant 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 employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;
(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.
(5) Subsection (4) does not limit the matters the court may consider.
(6) This section does not affect the liability of the body corporate.
(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.
(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.
(9) In this section:
"declared provision" means:
(a) section 11(1) or (2); or
(b) a provision of the Regulations prescribed by regulation.
"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.
(1) Section 13, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015 , (the new section ) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 35 of that Act (the commencement ) only if:
(a) all the conduct constituting the relevant offence occurred after the commencement; and
(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.
(2) Section 13, as in force before the commencement:
(a) continues to apply in relation to offences committed by a body corporate before the commencement; and
(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.