Heavy Vehicle National Law Act 2012

If a legal entity has a safety duty, other than a safety duty imposed under section 26C, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the safety duty.

If a legal entity has a safety duty imposed under section 26C, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the safety duty.

The executive may be convicted of an offence against subsection (1) or (1A) even if the legal entity has not been proceeded against for, or convicted of, an offence relating to the safety duty.

Subsections (1) and (1A) do not apply to an executive of the legal entity acting on a voluntary basis, whether or not the executive is reimbursed for the expenses incurred by the executive for carrying out activities for the legal entity.

In this section—

to acquire, and keep up to date, knowledge about the safe conduct of transport activities; and

to gain an understanding of—

the nature of the legal entity’s transport activities; and

the hazards and risks, including the public risk, associated with those activities; and

to ensure the legal entity has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and

to ensure the legal entity has, and implements, processes—

to eliminate or minimise those hazards and risks; and

for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and

for complying with the legal entity’s safety duties; and

to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented.

for a corporation—an executive officer of the corporation; or

for an unincorporated partnership—a partner in the partnership; or

for an unincorporated body—a management member of the body.

a corporation; or

an unincorporated partnership; or

an unincorporated body.