sec.493Executive officers must ensure corporation complies with Act

### sec.493 Executive officers must ensure corporation complies with Act The executive officers of a corporation must ensure that the corporation complies with this Act. If a corporation commits an offence against a provision of this Act, each of the executive officers of the corporation also commits an offence, namely, the offence of failing to ensure the corporation complies with this Act. Maximum penalty—the penalty for the contravention of the provision by an individual. Evidence that the corporation committed an offence against this Act is evidence that each of the executive officers committed the offence of failing to ensure that the corporation complies with this Act. However, it is a defence for an executive officer to prove— if the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer took all reasonable steps to ensure the corporation complied with the provision; or the officer was not in a position to influence the conduct of the corporation in relation to the offence. Subsection (6) applies if the act or omission of a corporation that causes an offence to be committed happens earlier than the time of the commission of the offence. An act is done by a corporation in January 2023. The act results in serious environmental harm being caused in January 2024, in contravention of section 437 (1) . A reference in this section to an executive officer of the corporation includes a reference to an executive officer who— is not in office when the offence is committed; but was in office when the act or omission happened. s 493 amd 2023 No. 6 s 105 (sec.493-ssec.1) The executive officers of a corporation must ensure that the corporation complies with this Act. (sec.493-ssec.2) If a corporation commits an offence against a provision of this Act, each of the executive officers of the corporation also commits an offence, namely, the offence of failing to ensure the corporation complies with this Act. Maximum penalty—the penalty for the contravention of the provision by an individual. (sec.493-ssec.3) Evidence that the corporation committed an offence against this Act is evidence that each of the executive officers committed the offence of failing to ensure that the corporation complies with this Act. (sec.493-ssec.4) However, it is a defence for an executive officer to prove— if the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer took all reasonable steps to ensure the corporation complied with the provision; or the officer was not in a position to influence the conduct of the corporation in relation to the offence. (sec.493-ssec.5) Subsection (6) applies if the act or omission of a corporation that causes an offence to be committed happens earlier than the time of the commission of the offence. An act is done by a corporation in January 2023. The act results in serious environmental harm being caused in January 2024, in contravention of section 437 (1) . (sec.493-ssec.6) A reference in this section to an executive officer of the corporation includes a reference to an executive officer who— is not in office when the offence is committed; but was in office when the act or omission happened. - (a) if the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer took all reasonable steps to ensure the corporation complied with the provision; or - (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence. - (a) is not in office when the offence is committed; but - (b) was in office when the act or omission happened.