Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:5_61aoc
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 5 cl 61AOC
Character Range: 151596–153003

61AOC  Reasonable steps to prevent offence or contravention

 (1) For the purposes of sections 61AOA and 61AOB, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the offence or contravention, a court must have regard to:
 (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the offence or contravention):
 (i) that the body regularly assesses, or arranges for regular assessments of, the body's compliance with this Act;
 (ii) that the body implements any appropriate recommendations arising from such an assessment;
 (iii) that the body's employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act, in so far as those requirements affect the employees, agents or contractors concerned;
 (iv) that the body regularly assesses, or arranges for regular assessments of, the effects of the body's activities on the environment in the Marine Park;
 (v) that the body has an appropriate system established for managing those effects; and
 (b) what action (if any) the officer took when he or she became aware that the body was committing an offence against, or contravening, this Act.

 (2) This section does not, by implication, limit the generality of sections 61AOA and 61AOB.

Subdivision E—Miscellaneous