86Failure by officers to take reasonable steps to ensure compliance with directions

86 Failure by officers to take reasonable steps to ensure compliance with directions

(1) An officer of a body corporate contravenes this subsection if:

(a) the officer fails to take reasonable steps to ensure that the body corporate complies with a direction given to it under section 82 or 83; and

(b) it would be reasonable to expect that the officer’s duties include ensuring that the body corporate complies with that direction.

Fault‑based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:

(a) for a body corporate—2,400 penalty units; and

(b) for an individual—imprisonment for 2 years or 240 penalty units, or both.

Civil penalty provision

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:

(a) for a body corporate—the greater of:

(i) 50,000 penalty units; and

(ii) if the court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3; and

(b) for an individual—the greater of:

(i) 5,000 penalty units; and

(ii) if the court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3.