Document ID: chunk:federal_register_of_legislation:C2025C00022:section:364b:p2
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 364B (pt 2/2)
Character Range: 588145–589323

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 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 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.
 (5) Subsection (4) does not limit subsection (1), (2) or (3).