Environment Protection and Biodiversity Conservation Act 1999

If:

a body corporate contravenes:

section 489 (Providing false or misleading information to obtain approval or permit); or

section 490 (Providing false or misleading information in response to a condition on an approval or permit); or

section 491 (Providing false or misleading information to authorised officer etc.); and

an executive officer of the body knew that, or was reckless or negligent as to whether, the contravention would occur; and

the officer was in a position to influence the conduct of the body in relation to the contravention; and

the officer failed to take all reasonable steps to prevent the contravention;

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

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).

If:

a body corporate contravenes:

section 15A (Offences relating to declared World Heritage properties); or

section 15C (Offences relating to National Heritage places); or

section 17B (Offences relating to declared Ramsar wetlands); or

section 18A (Offences relating to threatened species etc.); or

section 20A (Offences relating to listed migratory species); or

section 22A (Offences relating to nuclear actions); or

section 24A (Offences relating to marine areas); or

section 24E (Offences relating to water resources); or

section 27A (Offences relating to Commonwealth land); or

section 27C (Offences relating to Commonwealth heritage places overseas); or

section 142A (Offence of breaching conditions on approval); or

section 390SB (Offence relating to declared commercial fishing activity); and

an executive officer of the body was reckless as to whether the contravention would occur; and

the officer was in a position to influence the conduct of the body in relation to the contravention; and

the officer failed to take all reasonable steps to prevent the contravention;

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

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.

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).