Victorian Current Acts Victorian Current Acts(1) If a body corporate or council commits an offence against a provision specified in subsection (2), an officer of the body corporate or council also commits an offence against the provision if the officer—
(a) authorised or permitted the commission of the offence by the body corporate or council; or
(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate or council.
(2) For the purposes of subsection (1), the following provisions are specified—
(a) section 74 (Duty of providers of essential waste, recycling or resource recovery services to minimise risk of failure, disruption or hinderance of service);
(b) section 71 (Offence of failing to incorporate service standards);
(c) section 100(1) (Offence to dispose of suitable eligible container at a landfill site);
S. 177(2)(d) amended by No. 35/2023 s. 20.
(d) section 105(1) (Offence to supply beverage in suitable eligible container that does not bear a refund marking);
(e) section 106(1) (Offence to refuse delivery of suitable eligible container or fail to pay refund amount);
(f) section 109(1) (Offence to present container to refund collection point if container is not subject to the container deposit scheme);
S. 177(2)(g) amended by No. 35/2023 s. 20.
(g) section 110(1) (Offence to supply beverage in container without supply arrangement or approval as suitable eligible container);
(h) section 115 (General offence to provide false or misleading information);
(i) section 116 (General offence to conceal information);
(j) section 117(2) (Offence of failing to provide information under an information gathering notice);
(k) section 126 (Offence to fail to comply with an improvement notice);
S. 177(2)(l) amended by No. 36/2022 s. 19(a).
(l) section 128 (Offence to fail to comply with prohibition notice);
S. 177(2)(m) inserted by No. 36/2022 s. 19(b).
(m) section 74D(1) (Offence to fail to comply with a requirement of the CERCC Plan);
S. 177(2)(n) inserted by No. 36/2022 s. 19(b).
(n) section 74D(3) (Offence to fail to notify Head, Recycling Victoria that unable to comply with a requirement of CERCC Plan);
S. 177(2)(o) inserted by No. 36/2022 s. 19(b).
(o) section 74G (Offence to fail to submit statement of assurance);
S. 177(2)(p) inserted by No. 36/2022 s. 19(b).
(p) section 74H(1) (Offence to fail to comply with a requirement of a RERCC Plan);
S. 177(2)(q) inserted by No. 36/2022 s. 19(b).
(q) section 74H(3) (Offence to fail to notify Head, Recycling Victoria that unable to comply with a requirement of RERCC Plan);
S. 177(2)(r) inserted by No. 36/2022 s. 19(b).
(r) section 74O(1) (Offence to operate a thermal waste to energy facility except as authorised by a waste to energy licence);
S. 177(2)(s) inserted by No. 36/2022 s. 19(b).
(s) section 74P(1) (Offence to fail to comply with a condition of a waste to energy licence);
S. 177(2)(t) inserted by No. 36/2022 s. 19(b).
(t) section 74P(3) (Offence to fail to notify Head, Recycling Victoria of failure to comply with a condition of a waste to energy licence);
S. 177(2)(u) inserted by No. 36/2022 s. 19(b).
(u) section 74Q(1) (Offence to process banned waste at a thermal waste to energy facility using a thermal waste to energy process).
(3) Without limiting any other defence available to the officer, an officer of a body corporate or council may rely on a defence that would be available to the body corporate or council if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate or council would bear.
(4) An officer of a body corporate or council may commit an offence against a provision specified in subsection (2) whether or not the body corporate or council has been prosecuted for, or found guilty of, an offence against that provision.
(5) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 .
Part 8—General
Division 1—VCAT review