Australian Capital Territory Numbered Acts

WASTE MINIMISATION ACT 2001 (NO. 31 OF 2001) - SECT 53

    (1)     If a corporation commits an offence against this Act, an executive officer of the corporation—

        (a)     commits the offence; and

        (b)     is liable, on conviction, to a penalty not exceeding the maximum penalty that may be imposed for the commission of the offence by an individual.

    (2)     It is a defence to a prosecution for an offence against subsection (1) that—

        (a)     the defendant exercised due diligence to prevent the corporation from doing the act or making the omission alleged to constitute the offence or an element of the offence committed by the corporation; or

        (b)     an officer or employee of the corporation occupying the defendant's position could not reasonably have been expected to know of the contravention; or

        (c)     the corporation would not have been found guilty of the offence because of its being able to establish a defence available to it under this Act.

    (3)     An executive officer may, under subsection (1), be prosecuted for and convicted of an offence whether or not the corporation has been prosecuted for or convicted of the offence.