Training and Skills Development Act 2016

(a) the body corporate commits an offence (a relevant offence) by contravening a provision of this Act; and

(b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and

(c) the officer failed to take reasonable steps to prevent the contravention; and

(d) the officer was reckless about whether the contravention would happen.

Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.

(2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:

(a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention):

(i) the body corporate arranging regular professional assessments of the body corporate's compliance with the contravened provision;

(ii) the body corporate implementing any appropriate recommendation arising from an assessment under subparagraph (i);

(iii) the body corporate's representatives and contractors having a reasonable knowledge and understanding of the requirement to comply with the contravened provision;

(b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen.

(3) Subsection (2) does not limit the matters the court may consider.

(4) This section does not affect the liability of the body corporate.

(5) This section applies whether or not the body corporate is prosecuted for, or convicted of, the relevant offence.

(6) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.

executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.