Renewable Energy (Electricity) Act 2000

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;

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;

Subsection (1) is a civil penalty provision.

Division 1 provides for pecuniary penalties for breaches of civil penalty provisions.