Establishing whether an executive officer took reasonable steps to prevent commission of offence or contravention of civil penalty
23DZZIH Establishing whether an executive officer took reasonable steps to prevent commission of offence or contravention of civil penalty
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:
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
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.
This section does not, by implication, limit the generality of section 23DZZIN or 23DZZIT.
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