126Criminal liability of executive officer of body corporate

126 Criminal liability of executive officer of body corporate (1) An executive officer of a body corporate commits an offence if: (a) the body corporate commits an offence by contravening a declared EO liability provision (a relevant 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. (1A) Strict liability applies to subsection (1)(b). (2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following: (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 EO liability provision; (ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i); (iii) the body corporate's representatives and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared EO liability provision; (b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 82 (3) Subsection (2) does not limit the matters the court may consider. (4) This section does not affect the liability of the body corporate. (5) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence. (6) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence. (7) In this section: declared EO liability provision means: (a) section 67(5) or (7), 68(3), 83(1), 84, 85(1), 87(1), 108, 110 or 138(2), (3) or (7); or (b) 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.