Document ID: chunk:federal_register_of_legislation:C2025C00131:section:61ana:p2
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 61ANA (pt 2/2)
Character Range: 254951–256922

state of mind.

Reasonable precautions
 (5) For the purposes of subsection (1) or (3), in determining whether a body corporate or other person took reasonable precautions and exercised due diligence to avoid particular conduct, a court must have regard to what steps (if any) the body or person took directed towards ensuring the following (to the extent that the steps are relevant to the conduct):
 (a) that the body or person regularly assesses, or arranges for regular assessments of, the body's or person's compliance with this Act;
 (b) that the body or person implements any appropriate recommendations arising from such an assessment;
 (c) that the directors of the body, or the employees or agents of the body or person, have a reasonable knowledge and understanding of the requirements to comply with this Act, in so far as those requirements affect the directors, employees or agents concerned;
 (d) that the body or person regularly assesses, or arranges for regular assessments of, the effects of the body's or person's activities on the environment in the Marine Park;
 (e) that the body or person has an appropriate system established for managing those effects.

Meaning of state of mind
 (6) A reference in subsection (2) or (4) to the state of mind of a person includes a reference to:
 (a) the knowledge, intention, opinion, belief or purpose of the person; and
 (b) the person's reasons for the intention, opinion, belief or purpose.

Meaning of director
 (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

Disapplying Part 2.5 of Criminal Code
 (8) Part 2.5 of the Criminal Code does not apply to an offence against this Act.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.

Subdivision D—Liability of executive officers for bodies corporate