Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_498b:p2
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 498B (pt 2/2)
Character Range: 495556–497435

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 arranges regular professional assessments of the body's or person's compliance with this Act and the regulations;
 (b) that the body or person implements any appropriate recommendations arising from such an assessment;
 (c) that the body or person has an appropriate system established for managing the effects of the body's or person's activities on the environment;
 (d) 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 and the regulations, in so far as those requirements affect the directors, employees or agents concerned.

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.

Meaning of engage in conduct

 (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

Disapplying Part 2.5 of Criminal Code

 (9) 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.