Reasonable steps to prevent contravention
154P Reasonable steps to prevent contravention
For the purposes of section 154N, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention, a court may have regard to all relevant matters, including:
what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):
that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;
that the body corporate implements any appropriate recommendations arising from such an assessment;
that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions 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 of the contravention.
This section does not limit section 154N.
This Act’s bill:Explanatory memorandumSecond reading speech
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