Document ID: chunk:federal_register_of_legislation:C2007A00088:clause:1_23dzzin
Version: federal_register_of_legislation:C2007A00088
Segment Type: clause
Provision Reference: sch 1 cl 23DZZIN
Character Range: 32534–33491

23DZZIN  Application of this Division to an executive officer of a body corporate

 (1) An executive officer of a body corporate contravenes this subsection if:
 (a) the body corporate contravenes a civil penalty provision in this Division; and
 (b) the executive officer knew that the contravention would occur; and
 (c) the executive officer was in a position to influence the conduct of the body in relation to the contravention; and
 (d) the executive officer failed to take all reasonable steps to prevent the contravention.

Note: In making a determination for the purposes of paragraph (1)(d), a court is to have regard to the matters set out in section 23DZZIH.

 (2) The maximum civil penalty for a contravention of subsection (1) is the maximum civil penalty that a Court could impose in respect of an individual for the civil penalty provision contravened by the body corporate.

Division 3—Offences involving requesters, providers and others