218Reasonable steps to prevent contravention

218 Reasonable steps to prevent contravention

(1) For the purposes of section 217, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention, a court may have regard to all relevant matters, including: (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention): (i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions; (ii) that the body corporate implements any appropriate recommendations arising from such an assessment; (iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions in so far as those requirements affect the employees, agents or contractors concerned; and (b) what action (if any) the officer took when he or she became aware of the contravention. (2) This section does not limit section 217.