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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 495

Criminal liability of executive officers of bodies corporate
(1)
If:

(a)
a body corporate contravenes:

(i)
section 489 (Providing false or misleading information to obtain approval or permit); or
(ii)
section 490 (Providing false or misleading information in response to a condition on an approval or permit); or
(iii)
section 491 (Providing false or misleading information to authorised officer etc.); and
(b)
an executive officer of the body knew that, or was reckless or negligent as to whether, the contravention would occur; and

(c)
the officer was in a position to influence the conduct of the body in relation to the contravention; and

(d)
the officer failed to take all reasonable steps to prevent the contravention;

the officer is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: Subsection 4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).

(2)
If:

(a)
a body corporate contravenes:

(i)
section 15A (Offences relating to declared World Heritage properties); or
(ii)
section 17B (Offences relating to declared Ramsar wetlands); or
(iii)
section 18A (Offences relating to threatened species etc.); or
(iv)
section 20A (Offences relating to listed migratory species); or
(v)
section 22A (Offences relating to nuclear actions); or
(vi)
section 24A (Offences relating to marine areas); or
(vii)
section 27A (Offences relating to Commonwealth land); or
(viii)
section 142A (Offence of breaching conditions on approval); and
(b)
an executive officer of the body was reckless as to whether the contravention would occur; and

(c)
the officer was in a position to influence the conduct of the body in relation to the contravention; and

(d)
the officer failed to take all reasonable steps to prevent the contravention;

the officer is guilty of an offence.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(3)
An offence against subsection (2) is punishable on conviction by imprisonment for a term not exceeding the term specified in the provision contravened by the body corporate.

Note: Subsection 4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).



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