80FCriminal liability of executive officer of body corporate – legal

80F Criminal liability of executive officer of body corporate – legal burden of proof on prosecution (1) An executive officer of a body corporate commits an offence if: (a) the body corporate commits an offence by contravening a declared offence and the officer was reckless about whether the contravention would happen; and (b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and (c) the officer recklessly failed to take reasonable steps to prevent the contravention. Maximum penalty: The maximum penalty that may be imposed on an individual for the declared offence. (2) Strict liability applies to subsection (1)(b). (3) In deciding whether the executive officer failed to take reasonable steps to prevent the contravention, a court must consider the (a) any action the officer took directed towards ensuring the following, to the extent the action is relevant to the contravention: (i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared offence; (ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i); (iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared offence; (b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.

Planning Act 1999 106 (4) Subsection (3) does not limit the matters the court may consider. (5) This section does not affect the liability of the body corporate. (6) This section applies whether or not the body corporate is prosecuted for, or found guilty of, a declared offence. (7) In this section: declared offence means an offence against any of the following: (a) section 16(6); (b) section 30J(3A) (c) section 61(2); (d) section 63(1A); (e) section 66(6) and (7); (f) section 75(2); (g) section 75A(2); (h) section 75B(2); (i) section 75C(2); (j) section 75D(1); (k) section 119(2); (l) a provision of the regulations prescribed by regulation. executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.