Document ID: chunk:federal_register_of_legislation:C2007A00088:clause:1_23dzzih
Version: federal_register_of_legislation:C2007A00088
Segment Type: clause
Provision Reference: sch 1 cl 23DZZIH
Character Range: 21129–22236

23DZZIH  Establishing whether an executive officer took reasonable steps to prevent commission of offence or contravention of civil penalty

 (1) For the purposes of sections 23DZZIN and 23DZZIT, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the commission of the offence or the contravention of a civil penalty provision, a court is to have regard to:
 (a) what action (if any) the officer took towards ensuring that the body's employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Part and the regulations, in so far as those requirements affect the employees, agents or contractors concerned; and
 (b) what action (if any) the officer took when he or she became aware that the body was committing an offence against, or otherwise contravening, this Part.

 (2) This section does not, by implication, limit the generality of section 23DZZIN or 23DZZIT.

Division 2—Civil penalty provisions involving requesters, providers and connected persons

Subdivision A—Preliminary