sec.67PDuty of executive officer of corporation

### sec.67P Duty of executive officer of corporation If a corporation has a safety duty under section 67N or division 4 , an executive officer of the corporation must exercise due diligence to ensure the corporation complies with the duty. Maximum penalty—the penalty under section 67V , 67W or 67X for an offence relating to a safety duty committed by an individual. The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) even if the corporation has not been proceeded against for, or convicted of, an offence relating to the duty. In this section— due diligence includes taking reasonable steps to— acquire, and keep up to date, knowledge about the safe conduct of activities relating to providing a road-based public passenger service; and gain an understanding of— the nature of the corporation’s activities relating to providing a road-based public passenger service; and the hazards and safety risks associated with those activities; and ensure the corporation has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and ensure the corporation has, and implements, processes— to eliminate or minimise those hazards and risks; and for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and for complying with the corporation’s safety duty; and verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, implemented and used. s 67P ins 2024 No. 2 s 38 (sec.67P-ssec.1) If a corporation has a safety duty under section 67N or division 4 , an executive officer of the corporation must exercise due diligence to ensure the corporation complies with the duty. Maximum penalty—the penalty under section 67V , 67W or 67X for an offence relating to a safety duty committed by an individual. (sec.67P-ssec.2) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) even if the corporation has not been proceeded against for, or convicted of, an offence relating to the duty. (sec.67P-ssec.3) In this section— due diligence includes taking reasonable steps to— acquire, and keep up to date, knowledge about the safe conduct of activities relating to providing a road-based public passenger service; and gain an understanding of— the nature of the corporation’s activities relating to providing a road-based public passenger service; and the hazards and safety risks associated with those activities; and ensure the corporation has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and ensure the corporation has, and implements, processes— to eliminate or minimise those hazards and risks; and for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and for complying with the corporation’s safety duty; and verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, implemented and used. - (a) acquire, and keep up to date, knowledge about the safe conduct of activities relating to providing a road-based public passenger service; and - (b) gain an understanding of— (i) the nature of the corporation’s activities relating to providing a road-based public passenger service; and (ii) the hazards and safety risks associated with those activities; and - (i) the nature of the corporation’s activities relating to providing a road-based public passenger service; and - (ii) the hazards and safety risks associated with those activities; and - (c) ensure the corporation has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and - (d) ensure the corporation has, and implements, processes— (i) to eliminate or minimise those hazards and risks; and (ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and (iii) for complying with the corporation’s safety duty; and - (i) to eliminate or minimise those hazards and risks; and - (ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and - (iii) for complying with the corporation’s safety duty; and - (e) verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, implemented and used. - (i) the nature of the corporation’s activities relating to providing a road-based public passenger service; and - (ii) the hazards and safety risks associated with those activities; and - (i) to eliminate or minimise those hazards and risks; and - (ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and - (iii) for complying with the corporation’s safety duty; and