147Criminal liability of executive officers

147 Criminal liability of executive officers (1) An executive officer of a corporation commits an offence if— (a) the corporation commits a relevant offence; and (b) the officer was reckless about whether the relevant offence would be committed; and (c) the officer was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and (d) the officer failed to take reasonable steps to prevent the commission of the relevant offence. Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual. Extensions of liability for offences Division 15.2 (2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the commission of the relevant offence, a court must consider the following: (a) any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission): (i) that the corporation arranges regular professional assessments of the corporation’s compliance with the provision to which the relevant offence relates; (ii) that the corporation implements any appropriate recommendation arising from such an assessment; (iii) that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates; (b) any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed. (3) Subsection (2) does not limit the matters the court may consider. (4) Subsection (1) does not apply if the corporation would have a defence to a prosecution for the relevant offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58). (5) This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence. executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management. relevant offence means an offence against any of the following: (a) section 42 (Conducting prescribed classes of activities); (b) section 44 (Conducting activities other than prescribed activities); (c) section 45 (Compliance with authorisation); (d) section 91D (Order to remediate land); (e) section 126 (Contravention of environment protection order); (f) section 137 (Causing serious environmental harm or likely serious environmental harm); (g) section 138 (Causing material environmental harm or likely material environmental harm); (h) section 139 (Causing environmental harm or likely environmental harm); (i) section 141 (Causing environmental nuisance); (j) section 142 (Placing pollutant where it could cause harm); (k) section 159A (National pollutant inventory—provision of information).