Document ID: chunk:federal_register_of_legislation:C2024C00572:section:48
Version: federal_register_of_legislation:C2024C00572
Segment Type: section
Provision Reference: s 48
Character Range: 170690–171823

48  Did an executive officer take reasonable steps to prevent contravention?
 (1) For the purposes of section 47, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention, a Court is to 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 contravention):
 (i) that the body corporate arranges regular professional assessments of the body corporate's compliance with this Act or the regulations;
 (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 this Act and the regulations in so far as those requirements affect the employees, agents or contractors concerned; and
 (b) what action (if any) the officer took when he or she became aware of the contravention.
 (2) This section does not, by implication, limit the generality of section 47.

Division 5—Injunctions