Environment Protection Act 1993

Where a body corporate contravenes a provision of this Act, a person who is an officer of the body corporate is—

subject to the general defence under this Part, guilty of a contravention of this Act; and

subject to subsection (2), liable to the same penalty as may be imposed for the principal contravention when committed by a natural person.

Where an officer of a body corporate is convicted of an offence under subsection (1), the officer is not liable to be punished by imprisonment for the offence.

Where a body corporate contravenes a provision of this Act, an officer of the body corporate who knowingly promoted or acquiesced in the contravention is also guilty of contravening that provision.

An officer of a body corporate—

may be prosecuted and convicted of an offence pursuant to subsection (1) or

; or

may be ordered to pay an amount as a civil penalty pursuant to subsection (1) or

, whether or not there has been a finding by a court that the body corporate committed the contravention.

If, in proceedings against a body corporate for an offence against this Act or for the imposition of a penalty in respect of a contravention of this Act—

information or a document was admitted in evidence against the body corporate; and

an officer of the body corporate had been required to give the information or produce the document under a provision of this Act;

the information or document was such as to tend to incriminate the body corporate of the offence or make the body corporate liable to the penalty (as the case may be), the officer of the body corporate will not be guilty of a contravention of this Act as a result of the body corporate having been found guilty of the offence, or liable to the penalty, in those proceedings.