Civil penalties for executive officers of bodies corporate
47 Civil penalties for executive officers of bodies corporate
If:
a body corporate contravenes a civil penalty provision; and
an executive officer of the body corporate 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 corporate in relation to the contravention; and
the officer failed to take all reasonable steps to prevent the contravention;
the officer contravenes this subsection.
For the purposes of subsection (1), the officer is reckless as to whether the contravention would occur if:
the officer is aware of a substantial risk that the contravention would occur; and
having regard to the circumstances known to the officer, it is unjustifiable to take the risk.
For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:
such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and
such a high risk that the contravention would occur; and
that the conduct merits the imposition of a pecuniary penalty.
Subsection (1) is a civil penalty provision.
Under section 31, a Court may order a person contravening subsection (1) to pay a pecuniary penalty not more than the pecuniary penalty the Court could order a body corporate to pay for contravening the civil penalty provision mentioned in paragraph (1)(a).
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