177Criminal liability of officers of bodies corporate—accessorial liability

177 Criminal liability of officers of bodies corporate—accessorial liability

(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);