Document ID: chunk:federal_register_of_legislation:C2025C00022:section:364c:p2
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 364C (pt 2/2)
Character Range: 592080–593959

risk that the contravention would occur; and
 (b) having regard to the circumstances known to the officer, it was unjustifiable to take the risk.

Negligence
 (5) For the purposes of subsection (1), (2) or (3), the executive officer was negligent as to whether the contravention would occur if the officer's conduct involved:
 (a) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and
 (b) such a high risk that the contravention would occur;
that the conduct merits the imposition of a pecuniary penalty.

Reasonable steps to prevent contravention
 (6) For the purposes of paragraph (1)(d), (2)(d) or (3)(d), in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention, a court may have regard to all relevant matters, including:
 (a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):
 (i) that the body corporate arranges regular professional assessments of the body corporate's compliance with the civil penalty provisions referred to in paragraphs (1)(a), (2)(a) and (3)(a);
 (ii) that the body corporate implements any appropriate recommendations arising from such an assessment;
 (iii) that the body corporate's employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with the civil penalty provisions referred to in paragraphs (1)(a), (2)(a) and (3)(a) in so far as those requirements affect the employees, agents or contractors concerned;
 (iv) that the body corporate had in place adequate procedures to prevent the contravention; and
 (b) what action (if any) the officer took when the officer became aware of the contravention.
 (7) Subsection (6) does not limit subsection (1), (2) or (3).