Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_495:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 495 (pt 1/2)
Character Range: 1330056–1332900

495  Criminal liability of executive officers of bodies corporate
 (1) If:
 (a) a body corporate contravenes:
 (i) section 489 (Providing false or misleading information to obtain approval or permit); or
 (ii) section 490 (Providing false or misleading information in response to a condition on an approval or permit); or
 (iii) section 491 (Providing false or misleading information to authorised officer etc.); and
 (b) an executive officer of the body knew that, or was reckless or negligent as to whether, the contravention would occur; and
 (c) the officer was in a position to influence the conduct of the body in relation to the contravention; and
 (d) the officer failed to take all reasonable steps to prevent the contravention;
the officer commits an offence punishable on conviction by imprisonment for a term not exceeding 2 years.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Subsection 4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).
 (2) If:
 (a) a body corporate contravenes:
 (i) section 15A (Offences relating to declared World Heritage properties); or
 (ia) section 15C (Offences relating to National Heritage places); or
 (ii) section 17B (Offences relating to declared Ramsar wetlands); or
 (iii) section 18A (Offences relating to threatened species etc.); or
 (iv) section 20A (Offences relating to listed migratory species); or
 (v) section 22A (Offences relating to nuclear actions); or
 (vi) section 24A (Offences relating to marine areas); or
 (via) section 24E (Offences relating to water resources); or
 (vii) section 27A (Offences relating to Commonwealth land); or
 (viia) section 27C (Offences relating to Commonwealth heritage places overseas); or
 (viii) section 142A (Offence of breaching conditions on approval); or
 (ix) section 390SB (Offence relating to declared commercial fishing activity); and
 (b) an executive officer of the body was reckless as to whether the contravention would occur; and
 (c) the officer was in a position to influence the conduct of the body in relation to the contravention; and
 (d) the officer failed to take all reasonable steps to prevent the contravention;
the officer commits an offence.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (3) An offence against subsection (2) is punishable on conviction by imprisonment for a term not exceeding the term specified in the provision contravened by the body corporate.
Note: Subsection 4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as,