Queensland Numbered Acts

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GREENHOUSE GAS STORAGE ACT 2009 No. 3 - SECT 393

393 Executive officers must ensure corporation does not commit particular offences

(1) The executive officers of a corporation must ensure the corporation complies with each designated provision of this Act.

(2) If a corporation commits an offence against a designated provision of this Act, each of its executive officers also commits an offence namely, the offence of failing to ensure the corporation complies with the provision.

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

(3) Evidence that the corporation has been convicted of an offence against a designated provision of this Act is evidence that each of its executive officers committed the offence of failing to ensure the corporation complies with the provision.

(4) However, it is a defence for an executive officer to prove that--

(a) if the officer was in a position to influence the conduct of the corporation in relation to the offence--the officer exercised reasonable diligence to ensure the corporation complied with the designated provision; or
(b) the officer was not in a position to influence the conduct of the corporation in relation to the offence.

(5) In this section--

designated provision, of this Act, means any of the following provisions--

* sections 176 to 178, 244, 264, 267, 285, 315, 334 and 366
* chapter 5, part 4
* this part, other than this section.


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